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S1221......................................................by STATE AFFAIRS
COSMETOLOGY - Amends existing law to provide that cosmetology students
working under the supervision of a licensed cosmetology instructor or a
licensed cosmetologist may provide cosmetology service to models for
cosmetology demonstration purposes, cosmetology practioner or student
competitions, or for productions.
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Com/HuRes
02/26 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - King
Title apvd - to House
03/05 House intro - 1st rdg - to St Aff
03/12 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 67-0-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jones,
Judd, Kellogg, Kendell, Kunz, Limbaugh, Linford, Loertscher, Mader,
Marley, McKague, Meyer(Duncan), Montgomery, Mortensen, Moyle,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Williams, Wood,
Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Jaquet, Kempton, Lake
Floor Sponsor - Stone
Title apvd - to Senate - to enrol
03/18 Rpt enrol - Pres signed - Sp signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 175
Effective: 07/01/99
S1221|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1221 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO COSMETOLOGY; AMENDING SECTION 54-802, IDAHO CODE, TO PROVIDE A 3 DEFINITION FOR "DEMONSTRATIONS, COMPETITIONS OR PRODUCTIONS"; AMENDING 4 SECTION 54-805, IDAHO CODE, TO CLARIFY THE METHOD OF INSTRUCTION REQUIRED; 5 AND AMENDING SECTION 54-827, IDAHO CODE, TO CLARIFY THE PROCESS OF GRANT- 6 ING A TEMPORARY PERMIT FOR EDUCATIONAL OR DEMONSTRATION PURPOSES AND TO 7 PROVIDE FOR AN EXEMPTION FROM THE REQUIREMENTS FOR LICENSED ESTABLISH- 8 MENTS. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 54-802, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 54-802. DEFINITIONS. For the purpose of this chapter, the following defi- 13 nitions shall apply: 14 (a) "Cosmetology" shall constitute any one (1) or combination of the fol- 15 lowing practices when done upon the human body for cosmetic purposes and not 16 for the treatment of disease or physical or mental ailments: 17 1. Cutting, trimming, arranging, dressing, curling, waving by any method, 18 cleansing, singeing, bleaching, coloring, or similar work upon the hair. 19 2. Applying cosmetic preparations, antiseptics, tonics, lotions or 20 creams, or massaging, cleansing, exercising, beautifying, or similar 21 applications or work upon the scalp, face, neck, arms, hands, busts, or 22 other parts of the body. 23 3. Manicuring, pedicuring the nails, and the application of artificial 24 nails. 25 (b) "Registered cosmetologist" shall mean any person licensed to practice 26 cosmetology. 27 (c) "Nail technology" shall constitute any one (1) or more of the follow- 28 ing practices when done upon the human body: 29 1. Manicuring, pedicuring the nails, and the application of all forms of 30 artificial nails. 31 2. Massage of the hands and feet. 32 (d) "Nail technician" shall mean any person whose practice of cosmetology 33 is limited to nail technology. 34 (e) "Apprentice" shall mean any person who is engaged in learning or 35 acquiring of any or all of the practices of cosmetology, and while so learning 36 performs or assists in any of the practices of cosmetology. 37 (f) "Student" shall mean any person who is engaged in the learning or 38 acquiring of any or all of the practices of cosmetology in a registered school 39 of cosmetology, and while so learning performs or assists in any of the prac- 40 tices of cosmetology. 41 (g) "Instructor" shall mean a cosmetologist who teaches cosmetology or 42 any practices thereof in a school of cosmetology or school or college of bar- 43 bering. 2 1 (h) "Student instructor" shall mean a cosmetologist who is receiving 2 training to teach cosmetology. 3 (i) "Cosmetological establishment" shall mean any place or part thereof 4 other than a school of cosmetology wherein cosmetology is practiced. 5 (j) "School of cosmetology" shall mean any place or part thereof wherein 6 cosmetology is taught to students. 7 (k) "Board" means the Idaho board of cosmetology. 8 (l) "Department" means the Idaho department of self-governing agencies. 9 (m) "Chapter" as used in this act refers to chapter 8, title 54, Idaho 10 Code. 11 (n) "Electrologist" means any person licensed to practice electrology and 12 who is skilled in the permanent removal of unwanted hair. 13 (o) "Electrolysis or electrology" means the permanent removal of hair by 14 destroying the hair producing cells of the skin and vascular system using 15 equipment and devices approved by and registered with the United States food 16 and drug administration. 17 (p) "Esthetics" shall constitute any one (1) or combination of the fol- 18 lowing practices when done on the human body: 19 1. Applying cosmetic preparations, antiseptics, tonics, lotions or 20 creams, or massaging, cleansing, exercising, beautifying or similar appli- 21 cations of work to the human body. 22 2. Nonpermanent hair removal by tweezing or waxing. 23 (q) "Esthetician" means any person licensed to practice esthetics. 24 (r) "Electrologist instructor" means an electrologist who teaches 25 electrology or any practices thereof in a school of cosmetology approved to 26 teach electrology. 27 (s) "Student electrologist instructor" shall mean an electrologist who is 28 receiving training to teach electrology. 29 (t) "Makeover or glamour photography business" means any business engaged 30 in the offering of photographic services to the general public and whose 31 employees engage in the facial application of cosmetic products or the arrang- 32 ing of the hair of customers in connection with the sale, or attempted sale, 33 of photographic services. 34 (u) "Retail cosmetics dealer" means a fixed retail business which offers 35 cosmetic products for sale at retail to members of the general public and 36 whose employees engage in the facial application of cosmetic products to cus- 37 tomers in connection with the sale, or attempted sale, of the products without 38 compensation from the customer other than the regular price of the merchan- 39 dise. 40 (v) "Demonstration, competition or production" means an organized 41 event of limited duration where cosmetology services may be performed, if 42 sponsored by a salon, school of cosmetology or cosmetology-related organiza- 43 tion. 44 SECTION 2. That Section 54-805, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 54-805. REQUIREMENTS FOR LICENSE. Except as herein otherwise provided, 47 the following shall be considered minimum requirements for license in the 48 respective categories, and all applicants shall be of good moral character 49 and temperate habits: 50 1. As a registered cosmetologist: 51 (a) Completion of two (2) years' high school education or its equivalent. 52 (b) Graduation from and completion of a two thousand (2,000) 53 hours' trainingcourse of instruction in a 3 1 school of cosmetology, or a four thousand (4,000) hour2s' trainingcourse of instruction as an apprentice 3 covering all phases of the practice of cosmetology. 4 (c) Successful passage of the examination for cosmetologist given under 5 the direction of the board. 6 2. As an instructor: twelve (12) semester college credit hours or equiva- 7 lent as approved by the board or successful completion of the examination 8 required by board rules, and 9 (a) One (1) year's experience as a licensed cosmetologist in a registered 10 cosmetological establishment or school and a six (6) months 11ofteacher'strainingcourse of instruc- 12 tion in a school of cosmetology, or 13 (b) Two (2) years' experience as a licensed cosmetologist in a registered 14 cosmetological establishment and a three (3) monthsof15teacher'strainingcourse of instruction 16 in a school of cosmetology, or 17 (c) Five (5) years' experience as a licensed cosmetologist, immediately 18 preceding the application for license, and 19 3. As a student: 20 (a) Be sixteen and one-half (16 1/2) years of age. 21 (b) Have completed at least two (2) years of high school education or its 22 equivalent. 23 4. As an apprentice: 24 (a) Be sixteen and one-half (16 1/2) years of age. 25 (b) Have completed at least two (2) years of high school education or its 26 equivalent. 27 5. As a nail technician: 28 (a) Be sixteen and one-half (16 1/2) years of age. 29 (b) Have completed at least two (2) years of high school education or its 30 equivalent. 31 (c) Have completed and graduated from at least a three 32 hundred (300) hours of trainingcourse of instruction 33 and graduated from such training in a board approved school or 34 a six hundred (600) hours of training35 course of instruction in any cosmetological establishment under the 36 direct supervision of a cosmetology instructor, who shall have at least 37 one (1) registered nail technician on-site for each student being trained. 38 (d) Successful passage of the examination for nail technician given under 39 the direction of the board. 40 6. As an electrologist: 41 (a) Be sixteen and one-half (16 1/2) years of age. 42 (b) Have completed at least two (2) years of high school education or its 43 equivalent. 44 (c) Have completed and graduated from at least an eight hun- 45 dred (800) hours of trainingcourse of instruction 46 for such in a school approved by the board to teach electrology or 47 a sixteen hundred (1,600) hourscourse of 48 instruction as an apprentice under the direct personal supervision 49 of a licensed electrologist instructor as established by board rules. 50 (d) Successfully passed the examination for electrologist given under the 51 direction of the board. 52 7. As an esthetician: 53 (a) Be sixteen and one-half (16 1/2) years of age. 54 (b) Have completed at least two (2) years of high school education or its 55 equivalent. 4 1 (c) Have completed and graduated from at least a six hundred 2 (600) hours of trainingcourse of instruction 3 for such in a school approved by the board to teach esthetics or a 4 one thousand (1,000) hourscourse of instruction 5 in any cosmetological establishment under the direct supervision of 6 a cosmetology instructor, who shall have at least one (1) registered 7 esthetician on-site for each student being trained. 8 (d) Successfully passed the examination for esthetician given under the 9 direction of the board. 10 8. As an electrologist instructor: twelve (12) semester college credit 11 hours or equivalent, as approved by the board, or successful completion of an 12 examination required by board rules, and: 13 (a) Five (5) years' experience as a licensed electrologist; or 14 (b) Fewer than five (5) years' experience as a licensed electrologist and 15 completion of an adequate training program to be established by board 16 rule. 17 SECTION 3. That Section 54-827, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 54-827. PERMIT TO TEMPORARILY PRACTICE, DEMONSTRATE OR TEACH COSMETOLOGY. 20 (1) Upon application, and payment of the required fee, the board 21 shall grant a temporary permit authorizing a person to practice, 22 demonstrate,or teach cosmetology, or perform any one (1) or more 23 of such functions in the following instances: 24 (a) When a student or apprentice has completed his or her training, such 25 temporary permit to be valid only until said student or apprentice is 26 called by the board for examination and until the results of said examina- 27 tion are announced. 28 (b) When a person has applied for license by reciprocity, such temporary 29 permit to be valid only until such application is granted or, if denied, 30 until such person is called by the board for examination and until the 31 results of said examination are announced. 32 (c) When such permit is sought primarily for educational or demon- 33 stration purposes and the person making application therefor is 34 licensed to practice or teach cosmetology inanother35 this or any other state and presents satisfactory evidence of that 36 fact. When a permit is issued for this purpose, it shall specify the time 37 and place when and where such educational demonstrations shall take place, 38 and the permit shall be limited to such time and place, and in no instance 39 shall said permit be for a period in excess of thirty (30) days. 40 (d) When a permit is requested for educational or demonstration 41 purposes by a licensed school on behalf of its students currently enrolled 42 or a licensed cosmetologist on behalf of an apprentice. When a permit is 43 issued for this purpose, it shall specify those students or apprentices 44 eligible to participate and the time and place of the education demonstra- 45 tion; and the permit shall be limited to those individuals and time and 46 place. In no instance shall the permit be for a period in excess of seven 47 (7) days. 48 (2) Facilities used for cosmetological services pursuant to a permit 49 obtained under subsection (1)(c) or (1)(d) of this section shall be exempt 50 from the requirements for licensed establishments set forth in section 54-803 51 1., Idaho Code. However, the facility and permit holder shall observe and com- 52 ply with sanitation requirements established by board rule.
STATEMENT OF PURPOSE
RS 08974
This legislation clarifies that cosmetology "training" is
intended to be a "course of instruction". It further provides a
definition of "Demonstration, competition or production" and that
cosmetology students, working under the supervision of a licensed
cosmetology instructor, or a licensed cosmetologist, may provide
cosmetology services to models for cosmetology demonstration
purposes, cosmetology practitioner or student competitions, or for
productions. This legislation simplifies the permitting process
while maintaining public safety.
FISCAL NOTE
None
CONTACT: Senator Robbi King 332-1339
Larry Benton, Idaho Cosmetology Schools Assoc. 378-7700
STATEMENT OF PURPOSE/ FISCAL NOTE S1221