Print Friendly SENATE BILL NO. 1221 – Cosmetology students, demonstratns
SENATE BILL NO. 1221
View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
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
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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN 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-
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
25 (b) "Registered cosmetologist" shall mean any person licensed to practice
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-
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
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-
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-
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 hour s' training course of instruction in a
1 school of cosmetology, or a four thousand (4,000) hour
2 s' training course 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
11 of teacher's training course 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) months of
15 teacher's training course 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
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
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
31 (c) Have completed and graduated from at least a three
32 hundred (300) hour s of training course of instruction
33 and graduated from such training in a board approved school or
34 a six hundred (600) hour s of training
35 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
44 (c) Have completed and graduated from at least an eight hun-
45 dred (800) hour s of training course of instruction
46 for such in a school approved by the board to teach electrology or
47 a sixteen hundred (1,600) hour s course 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
1 (c) Have completed and graduated from at least a six hundred
2 (600) hour s of training course of instruction
3 for such in a school approved by the board to teach esthetics or a
4 one thousand (1,000) hour s course 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
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 in another
35 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
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.
CONTACT: Senator Robbi King 332-1339
Larry Benton, Idaho Cosmetology Schools Assoc. 378-7700
STATEMENT OF PURPOSE/ FISCAL NOTE S1221