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S1471.................................................by HEALTH AND WELFARE
ELECTROLOGY - Amends and adds to existing law relating to cosmetology and
electrology to provide definitions, to provide requirements for
electrology licenses, to provide for continued qualifications for licenses
and to provide for license fees.
02/16 Senate intro - 1st rdg - to printing
02/17 Rpt prt - to Health/Wel
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Stennett, Sweeney,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Sorensen
Floor Sponsor - Stennett
Title apvd - to House
03/04 House intro - 1st rdg - to Health/Wel
03/13 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 60-2-8
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black(15),
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Crow, Cuddy, Deal, Denney, Ellsworth, Field(20), Geddes, Gould,
Hadley, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Judd,
Kellogg, Kempton, Kendell, Kjellander, Lake, Loertscher, Mader,
Marley, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
Reynolds, Richman, Ridinger, Robison, Sali, Schaefer, Stevenson,
Stoicheff, Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson,
Wheeler, Zimmermann
NAYS -- Kunz, McKague
Absent and excused -- Bivens, Field(13), Gagner, Hansen, Jones(20),
Linford, Wood, Mr Speaker
Floor Sponsor - Jaquet
Title apvd - to Senate
03/18 To enrol
03/19 Rpt enrol - Pres signed - Sp signed
03/20 To Governor
03/24 Governor signed
Session Law Chapter 288
Effective: 07/01/98
S1471|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1471 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO COSMETOLOGY; AMENDING SECTION 54-802, IDAHO CODE, TO PROVIDE DEFI- 3 NITIONS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-805, IDAHO 4 CODE, TO PROVIDE REQUIREMENTS FOR CERTAIN LICENSES AND TO MAKE TECHNICAL 5 CORRECTIONS; AMENDING SECTION 54-813, IDAHO CODE, TO PROVIDE FOR THE CON- 6 TINUED QUALIFICATION OF PERSONS FOR LICENSES; AND AMENDING SECTION 54-818, 7 IDAHO CODE, TO PROVIDE LICENSE FEES AND TO MAKE A TECHNICAL CORRECTION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 54-802, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 54-802. DEFINITIONS. For the purpose of this chapter, the following defi- 12 nitions shall apply: 13 (a) "Cosmetology" shall constitute any one (1) or combination of the fol- 14 lowing practices when done upon the human body for cosmetic purposes and not 15 for the treatment of disease or physical or mental ailments: 16 1. Cutting, trimming, arranging, dressing, curling, waving by any method, 17 cleansing, singeing, bleaching, coloring, or similar work upon the hair. 18 2. Applying cosmetic preparations, antiseptics, tonics, lotions or 19 creams, or massaging, cleansing, exercising, beautifying, or similar 20 applications or work upon the scalp, face, neck, arms, hands, busts, or 21 other parts of the body. 22 3. Manicuring, pedicuring the nails, and the application of artificial 23 nails. 24 (b) "Registered cosmetologist" shall mean any person licensed to practice 25 cosmetology. 26 (c) "Nail technology" shall constitute any one (1) or more of the follow- 27 ing practices when done upon the human body: 28 1. Manicuring, pedicuring the nails, and the application of all forms of 29 artificial nails. 30 2. Massage of the hands and feet. 31 (d) "Nail technician" shall mean any person whose practice of cosmetology 32 is limited to nail technology. 33 (e) "Apprentice" shall mean any person who is engaged in learning or 34 acquiring of any or all of the practices of cosmetology, and while so learning 35 performs or assists in any of the practices of cosmetology. 36 (f) "Student" shall mean any person who is engaged in the learning or 37 acquiring of any or all of the practices of cosmetology in a registered school 38 of cosmetology, and while so learning performs or assists in any of the prac- 39 tices of cosmetology. 40 (g) "Instructor" shall mean a cosmetologist who teaches cosmetology or 41 any practices thereof in a school of cosmetology or school or college of bar- 42 bering. 43 (h) "Student instructor" shall mean a cosmetologist who is receiving 2 1 training to teach cosmetology. 2 (i) "Cosmetological establishment" shall mean any place or part thereof 3 other than a school of cosmetology wherein cosmetology is practiced. 4 (j) "School of cosmetology" shall mean any place or part thereof wherein 5 cosmetology is taught to students. 6 (k) "Board" means the Idaho board of cosmetology. 7 (l) "Department" means the Idaho department of self-governing agencies. 8 (m) "Chapter" as used in this act refers to chapter 8, title 9 54,chapter 8,Idaho Code. 10 (n)"Electrology/esthetics" shall constitute any one (1) or combi-11nation of the following practices, when done upon the human body:121. The permanent removal of hair by the insertion of a probe, needle, or13filament, inserted below the skin.142. Applying cosmetic preparations, antiseptics, tonics, lotions or15creams, or massaging, cleansing, stimulating, manipulating, exercising,16beautifying, or similar applications or work upon the human body.17(o)"Electrologist/esthetician" means any person 18 licensed to practice electrology/estheticsand who is skilled in 19 the permanent removal of unwanted hair .and in the practice20of skin care.21 (o) "Electrolysis or electrology" means the permanent removal of 22 hair by destroying the hair producing cells of the skin and vascular system 23 using equipment and devices approved by and registered with the United States 24 food and drug administration. 25 (p) "Esthetics" shall constitute any one (1) or combination of the fol- 26 lowing practices when done on the human body: 27 1. Applying cosmetic preparations, antiseptics, tonics, lotions or 28 creams, or massaging, cleansing, exercising, beautifying or similar appli- 29 cations of work to the human body. 30 2. Nonpermanent hair removal by tweezing or waxing. 31 (q) "Esthetician" means any person licensed to practice esthetics. 32 (r) "Electrologist/estheticianinstructor" means an 33 electrologist/ estheticianwho teaches electrology34/estheticsor any practices thereof in a school of cosmetology approved 35 to teach electrology/esthetics. 36 (s) "Student electrologist/estheticianinstructor" shall 37 mean an electrologist/estheticianwho is receiving training to 38 teach electrology/esthetics. 39 (t) "Makeover or glamour photography business" means any business engaged 40 in the offering of photographic services to the general public and whose 41 employees engage in the facial application of cosmetic products or the arrang- 42 ing of the hair of customers in connection with the sale, or attempted sale, 43 of photographic services. 44 (u) "Retail cosmetics dealer" means a fixed retail business which offers 45 cosmetic products for sale at retail to members of the general public and 46 whose employees engage in the facial application of cosmetic products to cus- 47 tomers in connection with the sale, or attempted sale, of the products without 48 compensation from the customer other than the regular price of the merchan- 49 dise. 50 SECTION 2. That Section 54-805, Idaho Code, be, and the same is hereby 51 amended to read as follows: 52 54-805. REQUIREMENTS FOR LICENSE. Except as herein otherwise provided, 53 the following shall be considered minimum requirements for license in the 3 1 respective categories, and all applicants shall be of good moral character 2 and temperate habits: 3 1. As a registered cosmetologist: 4 (a) Completion of two (2) years' high school education or its equivalent. 5 (b) Graduation from and completion of two thousand (2 , 000) 6 hours' training in a school of cosmetology, or four thousand (4 , 7 000) hours' training as an apprentice covering all phases of the 8 practice of cosmetology. 9 (c) Successful passage of the examination for cosmetologist given under 10 the direction of the board. 11 2. As an instructor: twelve (12) semester college credit hours or equiva- 12 lent as approved by the board or successful completion of the examination 13 required by board rules, and 14 (a) One (1) year's experience as a licensed cosmetologist in a registered 15 cosmetological establishment or school and six (6) months of teacher's 16 training in a school of cosmetology, or 17 (b) Two (2) years' experience as a licensed cosmetologist in a registered 18 cosmetological establishment and three (3) months of teacher's training in 19 a school of cosmetology, or 20 (c) Five (5) years' experience as a licensed cosmetologist, immediately 21 preceding the application for license, and 22 3. As a student: 23 (a) Be sixteen and one-half (16 1/2) years of age. 24 (b) Have completed at least two (2) years of high school education or its 25 equivalent. 26 4. As an apprentice: 27 (a) Be sixteen and one-half (16 1/2) years of age. 28 (b) Have completed at least two (2) years of high school education or its 29 equivalent. 30 5. As a nail technician: 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 three hundred (300) hours 35 of training and graduated from such training in a board approved school. 36 (d) Successful passage of the examination for nail technician given under 37 the direction of the board. 38 6. As an electrologist/esthetician: 39 (a) Be sixteen and one-half (16 1/2) years of age. 40 (b) Have completed at least two (2) years of high school education or its 41 equivalent. 42 (c) Have completed and graduated from at least eight hundred (800) hours 43 of training for such in a school approved by the board to teach 44 electrology/estheticsor sixteen hundred (1 , 600) 45 hours as an apprentice under the direct personal supervision of a licensed 46 electrologist/estheticianinstructor as established by board 47regulationsrules . 48 (d) Successfully passed the examination for electrologistand49estheticiangiven under the direction of the board. 50 7. As an 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. 54 (c) Have completed and graduated from at leastfive55 six hundred (56 00) hours of training for 4 1 such in a school approved by the board to teach esthetics. 2 (d) Successfully passed the examination for esthetician given under the 3 direction of the board. 4 8. As an electrologist/estheticianinstructor: twelve (12) 5 semester college credit hours or equivalent, as approved by the board, or suc- 6 cessful completion of an examination required by board rules, and: 7 (a) Five (5) years' experience as a licensed electrologist8/esthetician; or 9 (b) Fewer than five (5) years' experience as a licensed 10 electrologist/estheticianand completion of an adequate 11 training program to be established by board rule. 12 SECTION 3. That Section 54-813, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 54-813. PRACTITIONERS PRIOR TO AMENDMENTS. Any person who has qualified 15 for license , including both individual and combined licenses, 16 under the provisions of this chapter prior to an amendment thereof shall be 17 entitled to such license, and. Aany 18 person who has commenced a course of training under the provisions of this 19 chapter prior to an amendment thereof changing the age, length of training, 20 hours of training, or similar provisions, shall be entitled to complete his 21 course of training under the provisions of the pre-existing law, and shall be 22 entitled to such subsequent licenses at the termination of said training as he 23 would have been entitled to had the provisions of this chapter not been 24 amended. All licenses and registrations issued prior to amendments to this 25 chapter shall be valid, providing that if registration or license was not 26 required prior to such amendments, the parties affected shall be entitled to 27 registration or license as herein provided by applying for registration or 28 license in their particular category within ninety (90) days following the 29 effective date of the amendment provided the applicant has pursued the activ- 30 ity for which registration or license is sought during the entire calendar 31 year first prior to the effective date of the amendment. 32 SECTION 4. That Section 54-818, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 54-818. FEES. The various fees to be paid by applicants for original reg- 35 istrations, original licenses, annual renewals, certificates issued upon reci- 36 procity, and examinations as required under this chapter shall be fixed by 37 administrative rules of the board in amounts not to exceed the following: 38 (a) Original registrations, licenses, and annual renewals thereof: 39 cosmetological establishment, original registration ...................$ 50.00 40 cosmetological establishment, annual renewals ......................... 30.00 41 retail cosmetics dealer, original registration ........................ 50.00 42 retail cosmetics dealer, annual renewals .............................. 30.00 43 makeover or glamour photography business, original registration ....... 50.00 44 makeover or glamour photography business, annual renewals ............. 30.00 45 domestic school of cosmetology, original registration ................. 500.00 46 domestic school of cosmetology, annual renewals ....................... 150.00 47 registered cosmetologist, original license/annual renewals ............ 20.00 48 nail technician, original license/annual renewals...................... 20.00 49 apprentice, original license (no renewal fees required) ............... 20.00 50 student certificate (no renewal fees required) ........................ 20.00 51 instructor, original license/annual renewals .......................... 25.00 5 1 student instructor certificate ........................................ 25.00 2 electrologist/esthetician, original license/annual renewals 3 ....................................................................... 22.00 4 esthetician, original license/annual renewals ......................... 22.00 5 endorsement ........................................................... 100.00 6 interim certificate when endorsement denied, also 7 constitutes examination ............................................. 35.00 8 temporary license to practice, demonstrate and teach .................. 10.00 9 (b) Examination: 10 as a registered cosmetologist ......................................... $35.00 11 as a nail technician .................................................. 35.00 12 as an instructor when required by boardregulationrule 13 ................................................................ 35.00 14 as an electrologist/esthetician.......................... 35.00 15 as an esthetician ..................................................... 35.00 16 Fees shall not be prorated or returnable. 17 All certificates expire December 31.
STATEMENT OF PURPOSE
RS08079
The purpose of this legislation is to create an
Electrologist's license under the Board of Cosmetology,
parallel to the existing Esthetician's license, for those who
do not wish to pursue the combined Electrologist/Esthetician
license. Current holders of the combined license would be
grandfathered in.
The legislation would also allow the practice of Electrology
to keep up with advances in the field by replacing the
current very specific list of permitted equipment with more
general language referring to equipment approved by the FDA.
FISCAL NOTE
There will be no fiscal impact. The fees charged for
licensing and renewal will cover the cost of administration.
CONTACT: Sen. Clint Stennett
332-1358
STATEMENT OF PURPOSE/ FISCAL NOTE
S1471