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H0723aaS...................................................by STATE AFFAIRS HAIRCUTTERS - Amends and adds to existing law to restrict the use of certain terminology and barber poles; to define terms; to set forth requirements for a haircutter license; to set forth curriculum and training requirements for haircutting; to provide fees for haircutter permits and examinations; to provide sanitation standards; and to require minimum hours of instruction for student cosmetologists rendering chemical services. 02/22 House intro - 1st rdg - to printing 02/23 Rpt prt - to Bus 03/08 Rpt out - rec d/p - to 2nd rdg 03/09 2nd rdg - to 3rd rdg 03/10 3rd rdg - PASSED - 59-5-6 AYES -- Anderson, Andrus, Barraclough, Bastian, Bedke, Bell, Bilbao, Black, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Denney, Edmunson, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shirley, Skippen, Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Mr. Speaker NAYS -- Barrett, Bayer, McKague, Sali, Snodgrass Absent and excused -- Block, Crow, Deal, Ellsworth, Shepherd(8), Wood Floor Sponsor - Smith(30) Title apvd - to Senate 03/13 Senate intro - 1st rdg - to Com/HuRes 03/17 Rpt out - rec d/p - to 2nd rdg 03/20 2nd rdg - to 3rd rdg 03/23 To 14th Ord 03/28 Rpt out amen - to 1st rdg as amen 03/29 1st rdg - to 2nd rdg as amen 03/30 2nd rdg - to 3rd rdg as amen Rls susp - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Werk, Williams NAYS -- None Absent and excused -- Sweet Floor Sponsor - Goedde Title apvd - to House 04/03 House concurred in Senate amens - to engros 04/04 Rpt engros - 1st rdg - to 2nd rdg as amen Rls susp - PASSED - 57-12-1 AYES -- Anderson, Andrus, Barraclough, Bastian, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Henbest, Henderson, Jaquet, Kemp, LeFavour, Martinez, McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shirley, Skippen, Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Barrett, Bayer, Bedke, Hart, Harwood, Lake, Loertscher, Mathews, McKague, Sali, Shepherd(8), Snodgrass Absent and excused -- Shepherd(2) Floor Sponsor - Smith(30) Title apvd - To enrol - Rpt enrol - Sp signed 04/05 Pres signed - To Governor 04/10 Governor signed Session Law Chapter 411 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 723 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO COSMETOLOGY; AMENDING SECTION 54-802, IDAHO CODE, TO DEFINE 3 "HAIRCUTTING" AND "HAIRCUTTER"; AMENDING SECTION 54-805, IDAHO CODE, TO 4 SET FORTH REQUIREMENTS FOR A HAIRCUTTER LICENSE; AMENDING SECTION 54-808, 5 IDAHO CODE, TO SET FORTH CURRICULUM AND TRAINING REQUIREMENTS FOR 6 HAIRCUTTING; AMENDING SECTION 54-818, IDAHO CODE, TO PROVIDE FEES FOR 7 HAIRCUTTER PERMITS AND EXAMINATIONS; AMENDING CHAPTER 8, TITLE 54, IDAHO 8 CODE, BY THE ADDITION OF A NEW SECTION 54-824A, IDAHO CODE, TO PROVIDE 9 SANITATION STANDARDS; AND AMENDING CHAPTER 8, TITLE 54, IDAHO CODE, BY THE 10 ADDITION OF A NEW SECTION 54-837, IDAHO CODE, TO REQUIRE MINIMUM HOURS OF 11 INSTRUCTION FOR STUDENT COSMETOLOGISTS RENDERING CHEMICAL SERVICES. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 54-802, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 54-802. DEFINITIONS. For the purpose of this chapter, the following defi- 16 nitions shall apply: 17 (1) "Cosmetology" shall constitute any one (1) or combination of the fol- 18 lowing practices when done upon the human body for cosmetic purposes and not 19 for the treatment of disease or physical or mental ailments: 20 (a) Cutting, trimming, arranging, dressing, curling, waving by any 21 method, cleansing, singeing, bleaching, coloring, or similar work upon the 22 hair. 23 (b) Applying cosmetic preparations, antiseptics, tonics, lotions or 24 creams, or massaging, cleansing, exercising, beautifying, or similar 25 applications or work upon the scalp, face, neck, arms, hands, busts, or 26 other parts of the body. 27 (c) Manicuring, pedicuring the nails, and the application of artificial 28 nails. 29 (2) "Registered cosmetologist" shall mean any person licensed to practice 30 cosmetology. 31 (3) "Nail technology" shall constitute any one (1) or more of the follow- 32 ing practices when done upon the human body: 33 (a) Manicuring, pedicuring the nails, and the application of all forms of 34 artificial nails. 35 (b) Massage of the hands and feet. 36 (4) "Nail technician" shall mean any licensed person whose practice of 37 cosmetology is limited to nail technology. 38 (5) "Nail technology instructor" shall mean a nail technologist who is 39 licensed to teach nail technology or any practice thereof in a school of cos- 40 metology. 41 (6) "Apprentice" shall mean any person registered with the board to 42 engage in the learning or acquiring of any or all of the practices of cosme- 43 tology in a licensed cosmetological establishment, and while so learning per- 2 1 forms or assists in any of the practices of cosmetology. 2 (7) "Student" shall mean any person registered with the board to engage 3 in the learning or acquiring of any or all of the practices of cosmetology in 4 a licensed school of cosmetology, and while so learning performs or assists in 5 any of the practices of cosmetology. 6 (8) "Instructor" shall mean a cosmetologist who is licensed to teach cos- 7 metology or any practices thereof in a school of cosmetology, school or col- 8 lege of barbering, or cosmetology establishment meeting the requirements for 9 apprenticeship training. 10 (9) "Student instructor" shall mean a cosmetologist who is registered 11 with the board in a school of cosmetology to receive training to teach cosme- 12 tology. 13 (10) "Cosmetological establishment" shall mean any licensed place or part 14 thereof other than a school of cosmetology wherein cosmetology is practiced. 15 (11) "School of cosmetology" shall mean any licensed place or part thereof 16 wherein cosmetology is taught to students. 17 (12) "Board" means the Idaho board of cosmetology. 18 (13) "Department" means the Idaho department of self-governing agencies. 19 (14) "Chapter" as used in this act refers to chapter 8, title 54, Idaho 20 Code. 21 (15) "Electrologist" means any person licensed to practice electrology and 22 who is skilled in the permanent removal of unwanted hair. 23 (16) "Electrolysis or electrology" means the permanent removal of hair by 24 destroying the hair producing cells of the skin and vascular system using 25 equipment and devices approved by and registered with the United States food 26 and drug administration. 27 (17) "Esthetics" shall constitute any one (1) or combination of the fol- 28 lowing practices when done on the human body: 29 (a) Applying cosmetic preparations, antiseptics, tonics, lotions or 30 creams, or massaging, cleansing, exercising, beautifying or similar appli- 31 cations of work to the human body. 32 (b) Nonpermanent hair removal by tweezing or waxing. 33 (18) "Esthetician" means any person licensed to practice esthetics. 34 (19) "Esthetics instructor" shall mean an esthetician who is licensed to 35 teach esthetics or any practice thereof in a school of cosmetology approved to 36 teach esthetics. 37 (20) "Electrologist instructor" shall mean an electrologist who is 38 licensed to teach electrology or any practices thereof in a school of cosme- 39 tology approved to teach electrology. 40 (21) "Student electrologist instructor" shall mean an electrologist who is 41 registered with the board in a school of cosmetology approved to teach 42 electrology to receive training to teach electrology. 43 (22) "Makeover or glamour photography business" means any business engaged 44 in the offering of photographic services to the general public and whose 45 employees engage in the facial application of cosmetic products or the arrang- 46 ing of the hair of customers in connection with the sale, or attempted sale, 47 of photographic services. 48 (23) "Retail cosmetics dealer" means a fixed retail business which offers 49 cosmetic products for sale at retail to members of the general public and 50 whose employees engage in the facial application of cosmetic products to cus- 51 tomers in connection with the sale, or attempted sale, of the products without 52 compensation from the customer other than the regular price of the merchan- 53 dise. 54 (24) "Demonstration, competition or production" means an organized event 55 of limited duration where cosmetology services may be performed, if sponsored 3 1 by a salon, school of cosmetology or cosmetology-related organization. 2 (25) "Haircutting" means cutting, trimming, arranging, dressing, curling, 3 cleansing, singeing or similar work upon the hair. 4 (26) "Haircutter" means any licensed person whose practice of cosmetology 5 is limited to haircutting. 6 SECTION 2. That Section 54-805, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 54-805. REQUIREMENTS FOR LICENSE. Except as herein otherwise provided, 9 the following shall be considered minimum requirements for license in the 10 respective categories, and all applicants shall be of good moral character 11 and temperate habits: 12 (1) As a registered cosmetologist: 13 (a) Be sixteen and one-half (16 1/2) years of age. 14 (b) Completion of two (2) years' high school education or its equivalent. 15 (c) Graduation from and completion of a two thousand (2,000) hour course 16 of instruction in a school of cosmetology, or a four thousand (4,000) hour 17 course of instruction as an apprentice covering all phases of the practice 18 of cosmetology. 19 (d) Successful passage of the examination for cosmetologist given under 20 the direction of the board. 21 (2) As an instructor of cosmetology, nail technology, esthetics or 22 electrology: twelve (12) semester college credit hours or equivalent as 23 approved by the board or successful completion of the examination required by 24 board rules, and 25 (a) Hold a current license as a cosmetologist, nail technologist, 26 esthetician or electrologist and satisfactory completion of a six (6) 27 month teacher's course of instruction in a school of cosmetology, or 28 (b) Two (2) years' experience as a licensed cosmetologist, nail technolo- 29 gist, esthetician or electrologist in a registered cosmetological estab- 30 lishment and a three (3) month teacher's course of instruction in a school 31 of cosmetology, or 32 (c) Five (5) years' experience as a licensed cosmetologist, nail tech- 33 nologist, esthetician or electrologist immediately preceding the applica- 34 tion for license. 35 (3) As a student: 36 (a) Be sixteen and one-half (16 1/2) years of age. 37 (b) Have completed at least two (2) years of high school education or its 38 equivalent. 39 (4) As an apprentice: 40 (a) Be sixteen and one-half (16 1/2) years of age. 41 (b) Have completed at least two (2) years of high school education or its 42 equivalent. 43 (5) As a nail technician: 44 (a) Be sixteen and one-half (16 1/2) years of age. 45 (b) Have completed at least two (2) years of high school education or its 46 equivalent. 47 (c) Have completed and graduated from at least a four hundred (400) hour 48 course of instruction and graduated from such training in a board approved 49 school, or an eight hundred (800) hour course of instruction as an appren- 50 tice in a specified cosmetological establishment under the direct personal 51 supervision of a licensed cosmetology instructor, who shall have at least 52 one (1) licensed nail technician on-site in the specified cosmetological 53 establishment for each student being trained. 4 1 (d) Successful passage of the examination for nail technician given under 2 the direction of the board. 3 (6) As an electrologist: 4 (a) Be sixteen and one-half (16 1/2) years of age. 5 (b) Have completed at least two (2) years of high school education or its 6 equivalent. 7 (c) Have completed and graduated from at least an eight hundred (800) 8 hour course of instruction and graduated from such training in a school 9 approved by the board to teach electrology, or a one thousand six hundred 10 (1,600) hour course of instruction as an apprentice in a specified 11 cosmetological establishment under the direct personal supervision of a 12 licensed electrologist instructor, who shall have at least one (1) 13 licensed electrologist on-site in the specified cosmetological establish- 14 ment as established by board rules. 15 (d) Successfully passed the examination for electrologist given under the 16 direction of the board. 17 (7) As an esthetician: 18 (a) Be sixteen and one-half (16 1/2) years of age. 19 (b) Have completed at least two (2) years of high school education or its 20 equivalent. 21 (c) Have completed and graduated from at least a six hundred (600) hour 22 course of instruction for such in a school approved by the board to teach 23 esthetics or a one thousand two hundred (1,200) hour course of instruction 24 as an apprentice in a specified cosmetological establishment under the 25 direct personal supervision of a licensed cosmetology instructor, who 26 shall have at least one (1) licensed esthetician on-site in the specified 27 cosmetological establishment for each student being trained. 28 (d) Successfully passed the examination for esthetician given under the 29 direction of the board. 30 (8) As a haircutter: 31 (a) Be sixteen and one-half (16 1/2) years of age. 32 (b) Have completed at least two (2) years of high school education or its 33 equivalent. 34 (c) Have completed and graduated from at least a nine hundred (900) hour 35 course of instruction for such in a school approved by the board to teach 36 haircutting. 37 (d) Successfully passed the examination for haircutter given under the 38 direction of the board. 39 SECTION 3. That Section 54-808, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 54-808. REGULATIONS FOR SCHOOLS. Every domestic school of cosmetology 42 must be licensed under the provisions of this chapter and shall meet the fol- 43 lowing standards and provisions: 44 (1) Employ and maintain at least one (1) licensed instructor for every 45 twenty (20) students or fraction thereof with a student instructor not count- 46 ing as a student for purposes of the student-instructor ratio; 47 (2) Possess sufficient apparatus and equipment for the proper and full 48 teaching of all subjects of its curriculum; 49 (3) Keep a daily attendance record for each student; 50 (4) Maintain regular class and instruction hours, establish grades, and 51 hold monthly examinations; 52 (5) Prescribe a school term for training in all phases of the practice of 53 cosmetology; 5 1 (6) Provide applicable curriculums embracing subjects covering the scien- 2 tific fundamentals for cosmetology, nail technology, esthetics, electrology, 3andinstructors and haircutting as follows: 4 (a) The curriculum for cosmetology shall include hygiene, bacteriology, 5 histology of the hair, skin, muscles, nails and nerves, structure of the 6 head, face and neck, elementary chemistry relating to sterilization and 7 antiseptics, diseases of the skin, hair, glands and nails, massaging and 8 manipulating the muscles of the body, permanent waving, haircutting and 9 arranging, dressing, coloring, bleaching and tinting of the hair, a study 10 of electricity as applied to cosmetology, and the Idaho laws and rules 11 governing the practice of cosmetology; 12 (b) The curriculum for nail technology shall include hygiene, bacteriol- 13 ogy, histology of the hands and feet, skin, muscles, nails and nerves, 14 structure of the hands and feet, elementary chemistry relating to steril- 15 ization and antiseptics, diseases of the skin, glands and nails, massaging 16 and manipulating the muscles of the hands and feet, a study of electricity 17 as applied to nail technology, and the Idaho laws and rules governing the 18 practice of nail technology; 19 (c) The curriculum for esthetics shall include hygiene, bacteriology, 20 histology of the skin, muscles and nerves, structure of the head, face and 21 neck, elementary chemistry relating to sterilization and antiseptics, dis- 22 eases of the skin, glands and nails, massaging and manipulating the mus- 23 cles of the body, a study of electricity as applied to cosmetology, and 24 the Idaho laws and rules governing the practice of esthetics; 25 (d) The curriculum for electrology shall include hygiene, bacteriology, 26 histology of the hair, skin, muscles, nails and nerves, structure of the 27 body, elementary chemistry relating to sterilization and antiseptics, dis- 28 eases of the skin, hair, glands and nails, hypertrichosis, permanent 29 removal of unwanted hair, a study of electricity as applied to electrology 30 including the use and study of galvanic current, and the use and study of 31 both automatic and manual high frequency current, and the Idaho laws and 32 rules governing the practice of electrology; 33 (e) The curriculum for instructors shall include fundamentals of adult 34 education, communication, preparation of lesson plans, practical and theo- 35 retical presentation and demonstration, use of teaching aids, measurement 36 and evaluation, and the Idaho laws and rules governing cosmetology and 37 electrology, in addition to teaching the acts prescribed in section 38 54-802, Idaho Code; 39 (f) The curriculum for haircutting shall include hygiene, bacteriology, 40 histology of the hair, skin, muscles and nerves, structure of the head and 41 neck, elementary chemistry relating to sterilization and antiseptics, dis- 42 eases of the skin, hair and glands, massaging and manipulating of the mus- 43 cles of the head and neck, haircutting and arranging, the study of elec- 44 tricity as applied to haircutting and Idaho laws and rules governing the 45 practice of haircutting; 46 (7) Denote with clarity that the establishment is a school and that work 47 is done by students. Such fact shall be made clear to the patron by signs con- 48 spicuously posted in the school and the adjoining shop, if any; 49 (8) All instructors must be licensed instructors in this state; 50 (9) Such school shall not permit any student or apprentice to receive 51 instruction unless licensed under the provisions of this chapter; 52 (10) Every instructor shall devote his entire time during school or class 53 hours to that of instructing the students and shall not apply his time to that 54 of private or public practice; 55 (11) School hours for the purpose of instruction shall be offered on not 6 1 less than a five (5) day week; 2 (12) Training received in an establishment not meeting the requirements 3 for schools as herein set forth shall receive credit for said training as an 4 apprentice rather than as a student, provided said training meets the require- 5 ments for apprentice training; 6 (13) All students, including those enrolled for instructor's training, 7 shall be registered by the school with the board, listing the name, age, and 8 qualifications of the student required for such training. Forms for such 9 enrollment may be provided by the board and a register of such enrollments 10 shall be maintained by the board. Hours of instruction shall be registered 11 with the board as established by board rules, and a student may be permitted 12 to transfer the credits earned at one (1) school to another school with per- 13 mission of the board; 14 (14) Training received in electrology in a school shall not be recognized 15 unless the school has been approved for such training by the board and the 16 school meets and maintains the requirements to train electrologists as estab- 17 lished by board rules; 18 (15) Training received in esthetics shall not be recognized unless the 19 school has been approved for such training by the board, and the school meets 20 and maintains the requirements to train estheticians as established by board 21 rules; 22 (16) Training received in nail technology shall not be recognized unless 23 the school has been approved for such training by the board, and the school 24 meets and maintains the requirements to train nail technicians as established 25 by board rules; 26 (17) Every school approved by the board shall deliver to the board, a bond 27 to the state of Idaho in a form approved by the board, and renew the same 28 annually, in the sum of twenty-five thousand dollars ($25,000) executed by a 29 corporate surety company duly authorized to do business in this state, condi- 30 tioned that such school shall continue to give its courses of instruction, in 31 accordance with the provisions of this chapter, until it has completed all 32 such courses for which students have enrolled, and conditioned that such 33 school shall fully comply with all promises or representations made to 34 enrolled students as an inducement to such students to enroll. Any student so 35 enrolled who may be damaged by reason of the failure of such school to comply 36 with such conditions, shall have a right of action in his or her own name, on 37 such bonds, for such damage; 38 (18) Training received in haircutting shall not be recognized unless the 39 school has been approved for such training by the board and the school meets 40 and maintains the requirements to train haircutters as established by board 41 rules. 42 SECTION 4. That Section 54-818, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 54-818. FEES. The various fees to be paid by applicants for original reg- 45 istrations, original licenses, permits, annual renewals, fees for endorsement 46 and examinations as required under this chapter shall be fixed by administra- 47 tive rules of the board in amounts not to exceed the following: 48 (1) Original permits, licenses, and annual renewals thereof: 49 cosmetological establishment, original license ........................$ 50.00 50 cosmetological establishment, annual renewals ......................... 50.00 51 retail cosmetics dealer, original license ............................. 50.00 52 retail cosmetics dealer, annual renewals .............................. 50.00 53 makeover or glamour photography business, original license ............ 50.00 7 1 makeover or glamour photography business, annual renewals ............. 50.00 2 domestic school of cosmetology, original license ...................... 500.00 3 domestic school of cosmetology, annual renewals ....................... 150.00 4 registered cosmetologist, original license/annual renewals ............ 50.00 5 nail technician, original license/annual renewals ..................... 50.00 6 apprentice, original permit (no renewal fees required) ................ 20.00 7 student registration (no renewal fees required) ....................... 20.00 8 instructor, original license/annual renewals .......................... 50.00 9 student instructor permit ............................................. 25.00 10 electrologist, original license/annual renewals ....................... 50.00 11 esthetician, original license/annual renewals ......................... 50.00 12 haircutter, original license/annual renewals .......................... 50.00 13 endorsement fee ....................................................... 100.00 14 temporary permit to demonstrate and teach ............................ 10.00 15 (2) Examination fees: 16 as a registered cosmetologist ........................................ $100.00 17 as a nail technician ................................................. 100.00 18 as an instructor ..................................................... 100.00 19 as an electrologist .................................................. 100.00 20 as an esthetician .................................................... 100.00 21 as a haircutter ...................................................... 100.00 22 Fees shall not be prorated or returnable. 23 SECTION 5. That Chapter 8, Title 54, Idaho Code, be, and the same is 24 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 25 ignated as Section 54-824A, Idaho Code, and to read as follows: 26 54-824A. SANITATION. (1) Except as otherwise provided in subsection (2) 27 of this section, all instruments used by persons licensed pursuant to this 28 chapter shall, after cleaning and prior to use on each patron, be disinfected 29 with a disinfecting agent registered by the U.S. environmental protection 30 agency as hospital grade or better. 31 (2) Nail instruments shall be sanitized in accordance with manufacturers' 32 standards. 33 (3) Every precaution shall be taken by persons licensed pursuant to this 34 chapter to prevent the transfer of disease causing pathogens from person to 35 person. 36 SECTION 6. That Chapter 8, Title 54, Idaho Code, be, and the same is 37 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 38 ignated as Section 54-837, Idaho Code, and to read as follows: 39 54-837. MINIMUM HOURS OF INSTRUCTION FOR CERTAIN SERVICES. A student cos- 40 metologist shall not be permitted to render any chemical service to a live 41 human until such student has completed at least five percent (5%) of the 42 required instruction.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Goedde Seconded by Broadsword IN THE SENATE SENATE AMENDMENT TO H.B. NO. 723 1 AMENDMENTS TO THE BILL 2 On page 1 of the printed bill, following line 12 insert: 3 "SECTION 1. That Chapter 5, Title 54, Idaho Code, be, and the same is 4 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 5 ignated as Section 54-523, Idaho Code, and to read as follows: 6 54-523. USE OF TERMINOLOGY LIMITED -- BARBER POLES. Only a person 7 licensed pursuant to the provisions of this chapter may: 8 (1) Hold himself out to the public, solicit business or advertise as a 9 licensed barber or as operating a licensed barbershop; 10 (2) Use the title or designation "barber" or "barbershop" under circum- 11 stances that would create or tend to create the impression to members of the 12 general public that the person is a licensed barber or is operating a licensed 13 barbershop; or 14 (3) Place a barber pole in a location that would create or tend to create 15 the impression to members of the general public that a business located near 16 the barber pole is a barbershop unless the business is a licensed 17 cosmetological establishment that is leasing space to or employing a licensed 18 barber. As used in this subsection (3), "barber pole" means a red and white 19 striped vertical cylinder with a ball located on top of the cylinder or any 20 object of a similar nature, regardless of its actual shape or coloring, that 21 would create or tend to create the impression to members of the general public 22 that a business located near the object is a barbershop."; 23 and renumber subsequent sections of the bill accordingly. 24 CORRECTION TO TITLE 25 On page 1, in line 2, delete "COSMETOLOGY;" and insert: "PROFESSIONS, 26 VOCATIONS AND BUSINESSES; AMENDING CHAPTER 5, TITLE 54, IDAHO CODE, BY THE 27 ADDITION OF A NEW SECTION 54-523, IDAHO CODE, TO RESTRICT THE USE OF CERTAIN 28 TERMINOLOGY AND BARBER POLES;".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 723, As Amended in the Senate BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO PROFESSIONS, VOCATIONS AND BUSINESSES; AMENDING CHAPTER 5, TITLE 3 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-523, IDAHO CODE, TO 4 RESTRICT THE USE OF CERTAIN TERMINOLOGY AND BARBER POLES; AMENDING SECTION 5 54-802, IDAHO CODE, TO DEFINE "HAIRCUTTING" AND "HAIRCUTTER"; AMENDING 6 SECTION 54-805, IDAHO CODE, TO SET FORTH REQUIREMENTS FOR A HAIRCUTTER 7 LICENSE; AMENDING SECTION 54-808, IDAHO CODE, TO SET FORTH CURRICULUM AND 8 TRAINING REQUIREMENTS FOR HAIRCUTTING; AMENDING SECTION 54-818, IDAHO 9 CODE, TO PROVIDE FEES FOR HAIRCUTTER PERMITS AND EXAMINATIONS; AMENDING 10 CHAPTER 8, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-824A, 11 IDAHO CODE, TO PROVIDE SANITATION STANDARDS; AND AMENDING CHAPTER 8, TITLE 12 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-837, IDAHO CODE, TO 13 REQUIRE MINIMUM HOURS OF INSTRUCTION FOR STUDENT COSMETOLOGISTS RENDERING 14 CHEMICAL SERVICES. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Chapter 5, Title 54, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 18 ignated as Section 54-523, Idaho Code, and to read as follows: 19 54-523. USE OF TERMINOLOGY LIMITED -- BARBER POLES. Only a person 20 licensed pursuant to the provisions of this chapter may: 21 (1) Hold himself out to the public, solicit business or advertise as a 22 licensed barber or as operating a licensed barbershop; 23 (2) Use the title or designation "barber" or "barbershop" under circum- 24 stances that would create or tend to create the impression to members of the 25 general public that the person is a licensed barber or is operating a licensed 26 barbershop; or 27 (3) Place a barber pole in a location that would create or tend to create 28 the impression to members of the general public that a business located near 29 the barber pole is a barbershop unless the business is a licensed 30 cosmetological establishment that is leasing space to or employing a licensed 31 barber. As used in this subsection (3), "barber pole" means a red and white 32 striped vertical cylinder with a ball located on top of the cylinder or any 33 object of a similar nature, regardless of its actual shape or coloring, that 34 would create or tend to create the impression to members of the general public 35 that a business located near the object is a barbershop. 36 SECTION 2. That Section 54-802, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 54-802. DEFINITIONS. For the purpose of this chapter, the following defi- 39 nitions shall apply: 40 (1) "Cosmetology" shall constitute any one (1) or combination of the fol- 41 lowing practices when done upon the human body for cosmetic purposes and not 2 1 for the treatment of disease or physical or mental ailments: 2 (a) Cutting, trimming, arranging, dressing, curling, waving by any 3 method, cleansing, singeing, bleaching, coloring, or similar work upon the 4 hair. 5 (b) Applying cosmetic preparations, antiseptics, tonics, lotions or 6 creams, or massaging, cleansing, exercising, beautifying, or similar 7 applications or work upon the scalp, face, neck, arms, hands, busts, or 8 other parts of the body. 9 (c) Manicuring, pedicuring the nails, and the application of artificial 10 nails. 11 (2) "Registered cosmetologist" shall mean any person licensed to practice 12 cosmetology. 13 (3) "Nail technology" shall constitute any one (1) or more of the follow- 14 ing practices when done upon the human body: 15 (a) Manicuring, pedicuring the nails, and the application of all forms of 16 artificial nails. 17 (b) Massage of the hands and feet. 18 (4) "Nail technician" shall mean any licensed person whose practice of 19 cosmetology is limited to nail technology. 20 (5) "Nail technology instructor" shall mean a nail technologist who is 21 licensed to teach nail technology or any practice thereof in a school of cos- 22 metology. 23 (6) "Apprentice" shall mean any person registered with the board to 24 engage in the learning or acquiring of any or all of the practices of cosme- 25 tology in a licensed cosmetological establishment, and while so learning per- 26 forms or assists in any of the practices of cosmetology. 27 (7) "Student" shall mean any person registered with the board to engage 28 in the learning or acquiring of any or all of the practices of cosmetology in 29 a licensed school of cosmetology, and while so learning performs or assists in 30 any of the practices of cosmetology. 31 (8) "Instructor" shall mean a cosmetologist who is licensed to teach cos- 32 metology or any practices thereof in a school of cosmetology, school or col- 33 lege of barbering, or cosmetology establishment meeting the requirements for 34 apprenticeship training. 35 (9) "Student instructor" shall mean a cosmetologist who is registered 36 with the board in a school of cosmetology to receive training to teach cosme- 37 tology. 38 (10) "Cosmetological establishment" shall mean any licensed place or part 39 thereof other than a school of cosmetology wherein cosmetology is practiced. 40 (11) "School of cosmetology" shall mean any licensed place or part thereof 41 wherein cosmetology is taught to students. 42 (12) "Board" means the Idaho board of cosmetology. 43 (13) "Department" means the Idaho department of self-governing agencies. 44 (14) "Chapter" as used in this act refers to chapter 8, title 54, Idaho 45 Code. 46 (15) "Electrologist" means any person licensed to practice electrology and 47 who is skilled in the permanent removal of unwanted hair. 48 (16) "Electrolysis or electrology" means the permanent removal of hair by 49 destroying the hair producing cells of the skin and vascular system using 50 equipment and devices approved by and registered with the United States food 51 and drug administration. 52 (17) "Esthetics" shall constitute any one (1) or combination of the fol- 53 lowing practices when done on the human body: 54 (a) Applying cosmetic preparations, antiseptics, tonics, lotions or 55 creams, or massaging, cleansing, exercising, beautifying or similar appli- 3 1 cations of work to the human body. 2 (b) Nonpermanent hair removal by tweezing or waxing. 3 (18) "Esthetician" means any person licensed to practice esthetics. 4 (19) "Esthetics instructor" shall mean an esthetician who is licensed to 5 teach esthetics or any practice thereof in a school of cosmetology approved to 6 teach esthetics. 7 (20) "Electrologist instructor" shall mean an electrologist who is 8 licensed to teach electrology or any practices thereof in a school of cosme- 9 tology approved to teach electrology. 10 (21) "Student electrologist instructor" shall mean an electrologist who is 11 registered with the board in a school of cosmetology approved to teach 12 electrology to receive training to teach electrology. 13 (22) "Makeover or glamour photography business" means any business engaged 14 in the offering of photographic services to the general public and whose 15 employees engage in the facial application of cosmetic products or the arrang- 16 ing of the hair of customers in connection with the sale, or attempted sale, 17 of photographic services. 18 (23) "Retail cosmetics dealer" means a fixed retail business which offers 19 cosmetic products for sale at retail to members of the general public and 20 whose employees engage in the facial application of cosmetic products to cus- 21 tomers in connection with the sale, or attempted sale, of the products without 22 compensation from the customer other than the regular price of the merchan- 23 dise. 24 (24) "Demonstration, competition or production" means an organized event 25 of limited duration where cosmetology services may be performed, if sponsored 26 by a salon, school of cosmetology or cosmetology-related organization. 27 (25) "Haircutting" means cutting, trimming, arranging, dressing, curling, 28 cleansing, singeing or similar work upon the hair. 29 (26) "Haircutter" means any licensed person whose practice of cosmetology 30 is limited to haircutting. 31 SECTION 3. That Section 54-805, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 54-805. REQUIREMENTS FOR LICENSE. Except as herein otherwise provided, 34 the following shall be considered minimum requirements for license in the 35 respective categories, and all applicants shall be of good moral character 36 and temperate habits: 37 (1) As a registered cosmetologist: 38 (a) Be sixteen and one-half (16 1/2) years of age. 39 (b) Completion of two (2) years' high school education or its equivalent. 40 (c) Graduation from and completion of a two thousand (2,000) hour course 41 of instruction in a school of cosmetology, or a four thousand (4,000) hour 42 course of instruction as an apprentice covering all phases of the practice 43 of cosmetology. 44 (d) Successful passage of the examination for cosmetologist given under 45 the direction of the board. 46 (2) As an instructor of cosmetology, nail technology, esthetics or 47 electrology: twelve (12) semester college credit hours or equivalent as 48 approved by the board or successful completion of the examination required by 49 board rules, and 50 (a) Hold a current license as a cosmetologist, nail technologist, 51 esthetician or electrologist and satisfactory completion of a six (6) 52 month teacher's course of instruction in a school of cosmetology, or 53 (b) Two (2) years' experience as a licensed cosmetologist, nail technolo- 4 1 gist, esthetician or electrologist in a registered cosmetological estab- 2 lishment and a three (3) month teacher's course of instruction in a school 3 of cosmetology, or 4 (c) Five (5) years' experience as a licensed cosmetologist, nail tech- 5 nologist, esthetician or electrologist immediately preceding the applica- 6 tion for license. 7 (3) As a student: 8 (a) Be sixteen and one-half (16 1/2) years of age. 9 (b) Have completed at least two (2) years of high school education or its 10 equivalent. 11 (4) As an apprentice: 12 (a) Be sixteen and one-half (16 1/2) years of age. 13 (b) Have completed at least two (2) years of high school education or its 14 equivalent. 15 (5) As a nail technician: 16 (a) Be sixteen and one-half (16 1/2) years of age. 17 (b) Have completed at least two (2) years of high school education or its 18 equivalent. 19 (c) Have completed and graduated from at least a four hundred (400) hour 20 course of instruction and graduated from such training in a board approved 21 school, or an eight hundred (800) hour course of instruction as an appren- 22 tice in a specified cosmetological establishment under the direct personal 23 supervision of a licensed cosmetology instructor, who shall have at least 24 one (1) licensed nail technician on-site in the specified cosmetological 25 establishment for each student being trained. 26 (d) Successful passage of the examination for nail technician given under 27 the direction of the board. 28 (6) As an electrologist: 29 (a) Be sixteen and one-half (16 1/2) years of age. 30 (b) Have completed at least two (2) years of high school education or its 31 equivalent. 32 (c) Have completed and graduated from at least an eight hundred (800) 33 hour course of instruction and graduated from such training in a school 34 approved by the board to teach electrology, or a one thousand six hundred 35 (1,600) hour course of instruction as an apprentice in a specified 36 cosmetological establishment under the direct personal supervision of a 37 licensed electrologist instructor, who shall have at least one (1) 38 licensed electrologist on-site in the specified cosmetological establish- 39 ment as established by board rules. 40 (d) Successfully passed the examination for electrologist given under the 41 direction of the board. 42 (7) As an esthetician: 43 (a) Be sixteen and one-half (16 1/2) years of age. 44 (b) Have completed at least two (2) years of high school education or its 45 equivalent. 46 (c) Have completed and graduated from at least a six hundred (600) hour 47 course of instruction for such in a school approved by the board to teach 48 esthetics or a one thousand two hundred (1,200) hour course of instruction 49 as an apprentice in a specified cosmetological establishment under the 50 direct personal supervision of a licensed cosmetology instructor, who 51 shall have at least one (1) licensed esthetician on-site in the specified 52 cosmetological establishment for each student being trained. 53 (d) Successfully passed the examination for esthetician given under the 54 direction of the board. 55 (8) As a haircutter: 5 1 (a) Be sixteen and one-half (16 1/2) years of age. 2 (b) Have completed at least two (2) years of high school education or its 3 equivalent. 4 (c) Have completed and graduated from at least a nine hundred (900) hour 5 course of instruction for such in a school approved by the board to teach 6 haircutting. 7 (d) Successfully passed the examination for haircutter given under the 8 direction of the board. 9 SECTION 4. That Section 54-808, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 54-808. REGULATIONS FOR SCHOOLS. Every domestic school of cosmetology 12 must be licensed under the provisions of this chapter and shall meet the fol- 13 lowing standards and provisions: 14 (1) Employ and maintain at least one (1) licensed instructor for every 15 twenty (20) students or fraction thereof with a student instructor not count- 16 ing as a student for purposes of the student-instructor ratio; 17 (2) Possess sufficient apparatus and equipment for the proper and full 18 teaching of all subjects of its curriculum; 19 (3) Keep a daily attendance record for each student; 20 (4) Maintain regular class and instruction hours, establish grades, and 21 hold monthly examinations; 22 (5) Prescribe a school term for training in all phases of the practice of 23 cosmetology; 24 (6) Provide applicable curriculums embracing subjects covering the scien- 25 tific fundamentals for cosmetology, nail technology, esthetics, electrology, 26andinstructors and haircutting as follows: 27 (a) The curriculum for cosmetology shall include hygiene, bacteriology, 28 histology of the hair, skin, muscles, nails and nerves, structure of the 29 head, face and neck, elementary chemistry relating to sterilization and 30 antiseptics, diseases of the skin, hair, glands and nails, massaging and 31 manipulating the muscles of the body, permanent waving, haircutting and 32 arranging, dressing, coloring, bleaching and tinting of the hair, a study 33 of electricity as applied to cosmetology, and the Idaho laws and rules 34 governing the practice of cosmetology; 35 (b) The curriculum for nail technology shall include hygiene, bacteriol- 36 ogy, histology of the hands and feet, skin, muscles, nails and nerves, 37 structure of the hands and feet, elementary chemistry relating to steril- 38 ization and antiseptics, diseases of the skin, glands and nails, massaging 39 and manipulating the muscles of the hands and feet, a study of electricity 40 as applied to nail technology, and the Idaho laws and rules governing the 41 practice of nail technology; 42 (c) The curriculum for esthetics shall include hygiene, bacteriology, 43 histology of the skin, muscles and nerves, structure of the head, face and 44 neck, elementary chemistry relating to sterilization and antiseptics, dis- 45 eases of the skin, glands and nails, massaging and manipulating the mus- 46 cles of the body, a study of electricity as applied to cosmetology, and 47 the Idaho laws and rules governing the practice of esthetics; 48 (d) The curriculum for electrology shall include hygiene, bacteriology, 49 histology of the hair, skin, muscles, nails and nerves, structure of the 50 body, elementary chemistry relating to sterilization and antiseptics, dis- 51 eases of the skin, hair, glands and nails, hypertrichosis, permanent 52 removal of unwanted hair, a study of electricity as applied to electrology 53 including the use and study of galvanic current, and the use and study of 6 1 both automatic and manual high frequency current, and the Idaho laws and 2 rules governing the practice of electrology; 3 (e) The curriculum for instructors shall include fundamentals of adult 4 education, communication, preparation of lesson plans, practical and theo- 5 retical presentation and demonstration, use of teaching aids, measurement 6 and evaluation, and the Idaho laws and rules governing cosmetology and 7 electrology, in addition to teaching the acts prescribed in section 8 54-802, Idaho Code; 9 (f) The curriculum for haircutting shall include hygiene, bacteriology, 10 histology of the hair, skin, muscles and nerves, structure of the head and 11 neck, elementary chemistry relating to sterilization and antiseptics, dis- 12 eases of the skin, hair and glands, massaging and manipulating of the mus- 13 cles of the head and neck, haircutting and arranging, the study of elec- 14 tricity as applied to haircutting and Idaho laws and rules governing the 15 practice of haircutting; 16 (7) Denote with clarity that the establishment is a school and that work 17 is done by students. Such fact shall be made clear to the patron by signs con- 18 spicuously posted in the school and the adjoining shop, if any; 19 (8) All instructors must be licensed instructors in this state; 20 (9) Such school shall not permit any student or apprentice to receive 21 instruction unless licensed under the provisions of this chapter; 22 (10) Every instructor shall devote his entire time during school or class 23 hours to that of instructing the students and shall not apply his time to that 24 of private or public practice; 25 (11) School hours for the purpose of instruction shall be offered on not 26 less than a five (5) day week; 27 (12) Training received in an establishment not meeting the requirements 28 for schools as herein set forth shall receive credit for said training as an 29 apprentice rather than as a student, provided said training meets the require- 30 ments for apprentice training; 31 (13) All students, including those enrolled for instructor's training, 32 shall be registered by the school with the board, listing the name, age, and 33 qualifications of the student required for such training. Forms for such 34 enrollment may be provided by the board and a register of such enrollments 35 shall be maintained by the board. Hours of instruction shall be registered 36 with the board as established by board rules, and a student may be permitted 37 to transfer the credits earned at one (1) school to another school with per- 38 mission of the board; 39 (14) Training received in electrology in a school shall not be recognized 40 unless the school has been approved for such training by the board and the 41 school meets and maintains the requirements to train electrologists as estab- 42 lished by board rules; 43 (15) Training received in esthetics shall not be recognized unless the 44 school has been approved for such training by the board, and the school meets 45 and maintains the requirements to train estheticians as established by board 46 rules; 47 (16) Training received in nail technology shall not be recognized unless 48 the school has been approved for such training by the board, and the school 49 meets and maintains the requirements to train nail technicians as established 50 by board rules; 51 (17) Every school approved by the board shall deliver to the board, a bond 52 to the state of Idaho in a form approved by the board, and renew the same 53 annually, in the sum of twenty-five thousand dollars ($25,000) executed by a 54 corporate surety company duly authorized to do business in this state, condi- 55 tioned that such school shall continue to give its courses of instruction, in 7 1 accordance with the provisions of this chapter, until it has completed all 2 such courses for which students have enrolled, and conditioned that such 3 school shall fully comply with all promises or representations made to 4 enrolled students as an inducement to such students to enroll. Any student so 5 enrolled who may be damaged by reason of the failure of such school to comply 6 with such conditions, shall have a right of action in his or her own name, on 7 such bonds, for such damage; 8 (18) Training received in haircutting shall not be recognized unless the 9 school has been approved for such training by the board and the school meets 10 and maintains the requirements to train haircutters as established by board 11 rules. 12 SECTION 5. That Section 54-818, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 54-818. FEES. The various fees to be paid by applicants for original reg- 15 istrations, original licenses, permits, annual renewals, fees for endorsement 16 and examinations as required under this chapter shall be fixed by administra- 17 tive rules of the board in amounts not to exceed the following: 18 (1) Original permits, licenses, and annual renewals thereof: 19 cosmetological establishment, original license ........................$ 50.00 20 cosmetological establishment, annual renewals ......................... 50.00 21 retail cosmetics dealer, original license ............................. 50.00 22 retail cosmetics dealer, annual renewals .............................. 50.00 23 makeover or glamour photography business, original license ............ 50.00 24 makeover or glamour photography business, annual renewals ............. 50.00 25 domestic school of cosmetology, original license ...................... 500.00 26 domestic school of cosmetology, annual renewals ....................... 150.00 27 registered cosmetologist, original license/annual renewals ............ 50.00 28 nail technician, original license/annual renewals ..................... 50.00 29 apprentice, original permit (no renewal fees required) ................ 20.00 30 student registration (no renewal fees required) ....................... 20.00 31 instructor, original license/annual renewals .......................... 50.00 32 student instructor permit ............................................. 25.00 33 electrologist, original license/annual renewals ....................... 50.00 34 esthetician, original license/annual renewals ......................... 50.00 35 haircutter, original license/annual renewals .......................... 50.00 36 endorsement fee ....................................................... 100.00 37 temporary permit to demonstrate and teach ............................ 10.00 38 (2) Examination fees: 39 as a registered cosmetologist ........................................ $100.00 40 as a nail technician ................................................. 100.00 41 as an instructor ..................................................... 100.00 42 as an electrologist .................................................. 100.00 43 as an esthetician .................................................... 100.00 44 as a haircutter ...................................................... 100.00 45 Fees shall not be prorated or returnable. 46 SECTION 6. That Chapter 8, Title 54, Idaho Code, be, and the same is 47 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 48 ignated as Section 54-824A, Idaho Code, and to read as follows: 49 54-824A. SANITATION. (1) Except as otherwise provided in subsection (2) 50 of this section, all instruments used by persons licensed pursuant to this 51 chapter shall, after cleaning and prior to use on each patron, be disinfected 8 1 with a disinfecting agent registered by the U.S. environmental protection 2 agency as hospital grade or better. 3 (2) Nail instruments shall be sanitized in accordance with manufacturers' 4 standards. 5 (3) Every precaution shall be taken by persons licensed pursuant to this 6 chapter to prevent the transfer of disease causing pathogens from person to 7 person. 8 SECTION 7. That Chapter 8, Title 54, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 10 ignated as Section 54-837, Idaho Code, and to read as follows: 11 54-837. MINIMUM HOURS OF INSTRUCTION FOR CERTAIN SERVICES. A student cos- 12 metologist shall not be permitted to render any chemical service to a live 13 human until such student has completed at least five percent (5%) of the 14 required instruction.
STATEMENT OF PURPOSE RS 16019 This legislation will amend section 54-802, Idaho Code, to define "Haircutting" and "Haircutter"; and amends section 54-805, Idaho Code, to set forth requirements for a haircutter license. It also amends section 54-808, Idaho code, to set forth curriculum and training requirements for haircutting, section 54-818, Idaho Code, to provide fees for haircutter permits and examinations, and to amend chapter 8, title 54, Idaho Code, by the addition of a new section 54-824A, Idaho Code, to provide sanitation standards. It also amends Chapter 8, title 54, Idaho Code, by the addition of a new section 54-837, Idaho Code, to require minimum hours of instruction for student cosmetologists rendering chemical services. FISCAL NOTE No fiscal impact to the general fund. Contact Name: Rep. Elaine Smith Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 723