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H0713aa....................................................by STATE AFFAIRS
TATTOOING, BODY PIERCING, PERMANENT COSMETICS - Adds to and amends existing
law relating to cosmeticians to provide definitions, to provide for the
licensure of persons who practice tattooing, body piercing and permanent
cosmetics, to provide for licensure of facilities where such services are
offered and to provide fees.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Bus
02/26 Rpt out - to Gen Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/11 3rd rdg as amen - PASSED - 55-8-7
AYES -- Barrett, Bell, Bieter, Bivens, Black(15), Black(23),
Callister, Campbell, Crane, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest,
Hornbeck, Jaquet, Jones(22), Jones(20), Judd, Kellogg, Kempton,
Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Meyer,
Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
Robison, Schaefer, Stevenson, Stone, Stubbs, Taylor, Tilman, Tippets,
Trail, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Barraclough, Boe, Bruneel, Clark, Marley, McKague, Sali,
Stoicheff
Absent and excused -- Alltus, Chase, Crow, Jones(9), Mader, Miller,
Watson
Floor Sponsor - Field
Title apvd - to Senate
03/12 Senate intro - 1st rdg as amen - to Com/HuRes
H0713|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 713, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO COSMETICIANS; AMENDING SECTION 54-802, IDAHO CODE, TO DEFINE 3 "TATTOOING," "BODY PIERCING," "PERMANENT COSMETICS," "TATTOOING FACILITY, 4 BODY PIERCING FACILITY, OR PERMANENT COSMETICS FACILITY" AND "TECHNICIAN," 5 AND TO REFORMAT THE SECTION ALPHABETICALLY; AMENDING SECTION 54-805, IDAHO 6 CODE, TO PROVIDE LICENSURE REQUIREMENTS FOR THE PRACTICE OF TATTOOING, 7 BODY PIERCING OR PERMANENT COSMETICS AND TO MAKE TECHNICAL CORRECTIONS; 8 AMENDING CHAPTER 8, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 9 54-805C, IDAHO CODE, TO PROVIDE LICENSURE REQUIREMENTS FOR A FACILITY 10 WHERE TATTOOING, BODY PIERCING OR PERMANENT COSMETICS IS PRACTICED; AND 11 AMENDING SECTION 54-818, IDAHO CODE, TO PROVIDE FEES FOR LICENSURE OF 12 TATTOOING, BODY PIERCING AND PERMANENT COSMETICS FACILITIES AND TO MAKE 13 TECHNICAL CORRECTIONS. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 54-802, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 54-802. DEFINITIONS. For the purpose of this chapter, the following defi- 18 nitions shall apply: 19 (1) "Apprentice" shall mean any person who is engaged in learning 20 or acquiring of any or all of the practices of cosmetology, and while so 21 learning performs or assists in any of the practices of cosmetology. 22 (2) "Board" means the Idaho board of cosmetology. 23 (3) "Body piercing" means the creation of an opening in the body of a 24 human being for the purpose of inserting jewelry or other decoration. This 25 includes, but is not limited to, piercing of an ear, lip, nose, tongue or 26 eyebrow. The term does not, for the purpose of this chapter, include piercing 27 an ear with a disposable, single use stud or solid needle that is applied 28 using a mechanical device to force the needle or stud through the ear. 29 (4) "Chapter" as used in this act refers to chapter 8, title 54, Idaho 30 Code. 31 (5) "Cosmetological establishment" shall mean any place or part thereof 32 other than a school of cosmetology wherein cosmetology is practiced. 33 (a6 ) "Cosmetology" shall constitute any one (1) 34 or combination of the following practices when done upon the human body for 35 cosmetic purposes and not for the treatment of disease or physical or mental 36 ailments: 371.(a) Cutting, trimming, arranging, dressing, 38 curling, waving by any method, cleansing, singeing, bleaching, coloring, 39 or similar work upon the hair. 402.(b) Applying cosmetic preparations, antisep- 41 tics, tonics, lotions or creams, or massaging, cleansing, exercising, 42 beautifying, or similar applications or work upon the scalp, face, neck, 43 arms, hands, busts, or other parts of the body. 2 13.(c) Manicuring, pedicuring the nails, and the 2 application of artificial nails. 3(b) "Registered cosmetologist" shall mean any person licensed to4practice cosmetology.5(c) "Nail technology" shall constitute any one (1) or more of the follow-6ing practices when done upon the human body:71. Manicuring, pedicuring the nails, and the application of all forms of8artificial nails.92. Massage of the hands and feet.10(d) "Nail technician" shall mean any person whose practice of cosmetology11is limited to nail technology.12(e) "Apprentice" shall mean any person who is engaged in learning or13acquiring of any or all of the practices of cosmetology, and while so learning14performs or assists in any of the practices of cosmetology.15(f) "Student" shall mean any person who is engaged in the learning or16acquiring of any or all of the practices of cosmetology in a registered school17of cosmetology, and while so learning performs or assists in any of the prac-18tices of cosmetology.19(g) "Instructor" shall mean a cosmetologist who teaches cosmetology or20any practices thereof in a school of cosmetology or school or college of bar-21bering.22(h) "Student instructor" shall mean a cosmetologist who is receiving23training to teach cosmetology.24(i) "Cosmetological establishment" shall mean any place or part thereof25other than a school of cosmetology wherein cosmetology is practiced.26(j) "School of cosmetology" shall mean any place or part thereof wherein27cosmetology is taught to students.28(k) "Board" means the Idaho board of cosmetology.29 (l7 ) "Department" means the Idaho department of 30 self-governing agencies. 31(m) "Chapter" as used in this act refers to title 54, chapter 8,32Idaho Code.33(n) "Electrology/esthetics" shall constitute any one (1) or combination34of the following practices, when done upon the human body:351. The permanent removal of hair by the insertion of a probe, needle, or36filament, inserted below the skin.372. Applying cosmetic preparations, antiseptics, tonics, lotions or38creams, or massaging, cleansing, stimulating, manipulating, exercising,39beautifying, or similar applications or work upon the human body.40 (o8 ) "Electrologist/esthetician" means any per- 41 son licensed to practice electrology/esthetics and who is skilled in the per- 42 manent removal of unwanted hair and in the practice of skin care. 43(p) "Esthetics" shall constitute any one (1) or combination of the44following practices when done on the human body:451. Applying cosmetic preparations, antiseptics, tonics, lotions or46creams, or massaging, cleansing, exercising, beautifying or similar appli-47cations of work to the human body.482. Nonpermanent hair removal by tweezing or waxing.49(q) "Esthetician" means any person licensed to practice esthetics.50 (r9 ) "Electrologist/esthetician instructor" 51 means an electrologist/ esthetician who teaches electrology/esthetics or any 52 practices thereof in a school of cosmetology approved to teach 53 electrology/esthetics. 54(s) "Student electrologist/esthetician instructor" shall mean an55electrologist/esthetician who is receiving training to teach3 1electrology/esthetics.2 (10) "Electrology/esthetics" shall constitute any one (1) or combi- 3 nation of the following practices, when done upon the human body: 4 (a) The permanent removal of hair by the insertion of a probe, needle, or 5 filament, inserted below the skin. 6 (b) Applying cosmetic preparations, antiseptics, tonics, lotions or 7 creams, or massaging, cleansing, stimulating, manipulating, exercising, 8 beautifying, or similar applications or work upon the human body. 9 (11) "Esthetician" means any person licensed to practice esthetics. 10 (12) "Esthetics" shall constitute any one (1) or combination of the fol- 11 lowing practices when done on the human body: 12 (a) Applying cosmetic preparations, antiseptics, tonics, lotions or 13 creams, or massaging, cleansing, exercising, beautifying or similar appli- 14 cations of work to the human body. 15 (b) Nonpermanent hair removal by tweezing or waxing. 16 (13) "Instructor" shall mean a cosmetologist who teaches cosmetology or 17 any practices thereof in a school of cosmetology or school or college of bar- 18 bering. 19 (t14 ) "Makeover or glamour photography business" 20 means any business engaged in the offering of photographic services to the 21 general public and whose employees engage in the facial application of cos- 22 metic products or the arranging of the hair of customers in connection with 23 the sale, or attempted sale, of photographic services. 24 (15) "Nail technician" shall mean any person whose practice of cos- 25 metology is limited to nail technology. 26 (16) "Nail technology" shall constitute any one (1) or more of the follow- 27 ing practices when done upon the human body: 28 (a) Manicuring, pedicuring the nails, and the application of all forms of 29 artificial nails. 30 (b) Massage of the hands and feet. 31 (17) "Permanent cosmetics" means the application of pigments to or under 32 the skin of a human being for the purpose of permanently changing the color or 33 other appearance of the skin. This includes, but is not limited to, permanent 34 eyeliner, eye shadow or lip color. 35 (18) "Registered cosmetologist" shall mean any person licensed to practice 36 cosmetology. 37 (u19 ) "Retail cosmetics dealer" means a fixed 38 retail business which offers cosmetic products for sale at retail to members 39 of the general public and whose employees engage in the facial application of 40 cosmetic products to customers in connection with the sale, or attempted sale, 41 of the products without compensation from the customer other than the regular 42 price of the merchandise. 43 (20) "School of cosmetology" shall mean any place or part thereof 44 wherein cosmetology is taught to students. 45 (21) "Student" shall mean any person who is engaged in the learning or 46 acquiring of any or all of the practices of cosmetology in a registered school 47 of cosmetology, and while so learning performs or assists in any of the prac- 48 tices of cosmetology. 49 (22) "Student electrologist/esthetician instructor" shall mean an 50 electrologist/esthetician who is receiving training to teach 51 electrology/esthetics. 52 (23) "Student instructor" shall mean a cosmetologist who is receiving 53 training to teach cosmetology. 54 (24) "Tattooing" means to insert pigment under the surface of the skin of 55 a human being by pricking with a needle or otherwise, to produce an indelible 4 1 mark or figure visible through the skin. 2 (25) "Tattooing facility, body piercing facility, or permanent cosmetics 3 facility" means any place other than a school, wherein tattooing, body pierc- 4 ing or permanent cosmetics is practiced. 5 (26) "Technician" means any person practicing the art of tattooing, body 6 piercing or permanent cosmetics. 7 SECTION 2. That Section 54-805, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 54-805. REQUIREMENTS FOR LICENSE. Except as herein otherwise provided, 10 the following shall be considered minimum requirements for license in the 11 respective categories, and all applicants shall be of good moral character 12 and temperate habits: 13 ( 1.) As a registered cosmetolo- 14 gist: 15 (a) Completion of two (2) years' high school education or its equivalent. 16 (b) Graduation from and completion of two thousand (2 , 000) 17 hours' training in a school of cosmetology, or four thousand (4 , 18 000) hours' training as an apprentice covering all phases of the 19 practice of cosmetology. 20 (c) Successful passage of the examination for cosmetologist given under 21 the direction of the board. 22 ( 2.) As an instructor: twelve (12) 23 semester college credit hours or equivalent as approved by the board or suc- 24 cessful completion of the examination required by board rules, and 25 (a) One (1) year's experience as a licensed cosmetologist in a registered 26 cosmetological establishment or school and six (6) months of teacher's 27 training in a school of cosmetology, or 28 (b) Two (2) years' experience as a licensed cosmetologist in a registered 29 cosmetological establishment and three (3) months of teacher's training in 30 a school of cosmetology, or 31 (c) Five (5) years' experience as a licensed cosmetologist, immediately 32 preceding the application for license, and 33 ( 3.) As a student: 34 (a) Be sixteen and one-half (16 1/2) years of age. 35 (b) Have completed at least two (2) years of high school education or its 36 equivalent. 37 ( 4.) As an apprentice: 38 (a) Be sixteen and one-half (16 1/2) years of age. 39 (b) Have completed at least two (2) years of high school education or its 40 equivalent. 41 ( 5.) As a nail technician: 42 (a) Be sixteen and one-half (16 1/2) years of age. 43 (b) Have completed at least two (2) years of high school education or its 44 equivalent. 45 (c) Have completed and graduated from at least three hundred (300) hours 46 of training and graduated from such training in a board approved school. 47 (d) Successful passage of the examination for nail technician given under 48 the direction of the board. 49 ( 6.) As an 50 electrologist/esthetician: 51 (a) Be sixteen and one-half (16 1/2) years of age. 52 (b) Have completed at least two (2) years of high school education or its 53 equivalent. 5 1 (c) Have completed and graduated from at least eight hundred (800) hours 2 of training for such in a school approved by the board to teach 3 electrology/esthetics or sixteen hundred (1 , 600) hours as an 4 apprentice under the direct personal supervision of a licensed 5 electrologist/esthetician instructor as established by boardregula-6tionsrules . 7 (d) Successfully passed the examination for electrologist and esthetician 8 given under the direction of the board. 9 ( 7.) As an esthetician: 10 (a) Be sixteen and one-half (16 1/2) years of age. 11 (b) Have completed at least two (2) years of high school education or its 12 equivalent. 13 (c) Have completed and graduated from at least five hundred (500) hours 14 of training for such in a school approved by the board to teach esthetics. 15 (d) Successfully passed the examination for esthetician given under the 16 direction of the board. 17 ( 8.) As an 18 electrologist/esthetician instructor: twelve (12) semester college credit 19 hours or equivalent, as approved by the board, or successful completion of an 20 examination required by board rules, and: 21 (a) Five (5) years' experience as a licensed electrologist/esthetician; 22 or 23 (b) Fewer than five (5) years' experience as a licensed 24 electrologist/esthetician and completion of an adequate training program 25 to be established by board rule. 26 (9) As a person engaged in the practice of tattooing, body piercing 27 or permanent cosmetics: 28 (a) Be at least eighteen (18) years of age. 29 (b) Have completed at least two (2) years of high school education or its 30 equivalent. 31 (c) Have paid the required fee. 32 SECTION 3. That Chapter 8, Title 54, Idaho Code, be, and the same is 33 hereby amended by the addition thereto of a NEW SECTION , to be 34 known and designated as Section 54-805C, Idaho Code, and to read as follows: 35 54-805C. REQUIREMENTS FOR LICENSE -- TATTOOING, BODY PIERCING OR PERMA- 36 NENT COSMETICS FACILITY. The board shall issue a license to a tattooing, body 37 piercing or permanent cosmetics facility which meets the following conditions: 38 (1) Completes the application forms for licensure as required by the 39 board; 40 (2) Pays the appropriate license fees as required under section 54-818, 41 Idaho Code; 42 (3) Specifies location in the establishment where the service of 43 tattooing, body piercing or permanent cosmetics shall be performed; 44 (4) Provides facilities and equipment in an area within the business 45 premises to properly sanitize and store equipment and supplies necessary to 46 perform any service provided. The required facilities and equipment shall 47 include, but are not limited to: 48 (a) Piercing gun of nonporous material which is able to be disinfected; 49 (b) Single use stainless steel needles; 50 (c) Protective disposable gloves; 51 (d) Single use towels or paper products; 52 (e) Sharps container labeled biohazard material; 53 (f) Hot and cold running water; 6 1 (g) Environmental protection agency, hospital grade or any other accept- 2 able method of sanitation between customer application services; 3 (h) Samples, wipes, spatulas or other dispensing techniques designed to 4 prevent contamination of the product; 5 (i) An adequate first-aid kit; and 6 (j) Adequate restroom facilities. 7 (5) Maintains client records in the following manner: 8 (a) Facilities shall maintain client records, which shall include the 9 name and address of the client, date of each service, type of service ren- 10 dered, name and registration number of the technician providing the ser- 11 vice and special instructions or notations relating to the client's medi- 12 cal or skin conditions; and 13 (b) Records shall be kept for a minimum of five (5) years. 14 (6) Observes the following practices: 15 (a) Written parental consent shall be required to be issued in person to 16 the facility for piercing or tattooing services on anyone under the age of 17 eighteen (18) years; 18 (b) Use of piercing guns is limited to piercing of the earlobe exclu- 19 sively. No other part of the body shall be pierced by use of a piercing 20 gun; and 21 (c) Facility owners may obtain advice from physicians regarding medical 22 information needed to safeguard client and technician. 23 SECTION 4. That Section 54-818, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 54-818. FEES. The various fees to be paid by applicants for original reg- 26 istrations, original licenses, annual renewals, certificates issued upon reci- 27 procity, and examinations as required under this chapter shall be fixed by 28 administrative rules of the board in amounts not to exceed the following: 29 (a1 ) Original registrations, licenses, and 30 annual renewals thereof: 31 (a) cosmetological establishment, original registration ...$ 32 50.00 33 (b) cosmetological establishment, annual renewals ... 30.00 34 (c) retail cosmetics dealer, original registration .. 50.00 35 (d) retail cosmetics dealer, annual renewals ........ 30.00 36 (e) makeover or glamour photography business, original reg- 37 istration ......................................................... 50.00 38 (f) makeover or glamour photography business, annual renew- 39 als ............................................................... 30.00 40 (g) domestic school of cosmetology, original registration 41 ................................................................... 500.00 42 (h) domestic school of cosmetology, annual renewals . 150.00 43 (i) registered cosmetologist, original license/annual renew- 44 als ............................................................... 20.00 45 (j) nail technician, original license/annual renewals 46 ................................................................... 20.00 47 (k) apprentice, original license (no renewal fees required) 48 ................................................................... 20.00 49 (l) student certificate (no renewal fees required) .. 20.00 50 (m) instructor, original license/annual renewals .... 25.00 51 (n) student instructor certificate .................. 25.00 52 (o) electrologist/esthetician, original license/annual 53 renewals .......................................................... 22.00 7 1 (p) esthetician, original license/annual renewals ... 22.00 2 (q) endorsement ..................................... 100.00 3 (r) interim certificate when endorsement denied, also con- 4 stitutes examination .............................................. 35.00 5 (s) temporary license to practice, demonstrate and teach 6 ................................................................... 10.00 7 (b2 ) Examination: 8 (a) as a registered cosmetologist ................... $35.00 9 (b) as a nail technician ............................ 35.00 10 (c) as an instructor when required by boardregulation11rule .......................................... 35.00 12 (d) as an electrologist/esthetician ................. 35.00 13 (e) as an esthetician ............................... 35.00 14 (3) Tattooing facility: 15 (a) original registration ........................................$ 50.00 16 (b) annual renewals .............................................. 35.00 17 (4) Body piercing facility: 18 (a) original registration ........................................$ 50.00 19 (b) annual renewals .............................................. 35.00 20 (5) Permanent cosmetics facility: 21 (a) original registration ........................................$ 50.00 22 (b) annual renewal ............................................... 35.00 23 (6) Instructor application process fee when no exam is required ..$ 35.00 24 25 Fees shall not be prorated or returnable. 26 All certificates expire December 31.
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STATEMENT OF PURPOSE
RS07402C1
To add to Section 54-802. To license tattooing and body
piercing.
FISCAL NOTE
No fiscal impact.
CONTACT: Representative Debbie Field
208-322-1000
Bill No. H 713