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H0028aa......................................................by MR. SPEAKER
Requested by: Bureau of Occupational Licenses
BARBERS - BARBER-STYLISTS - Amends existing law to provide for licensure of
barbers and barber-stylists; to provide for qualifications and requirements
for licensure; to provide license fees; and to provide for barber school
teacher licenses.
01/08 House intro - 1st rdg - to printing
Rpt prt - to Bus
02/22 Rpt out - to Gen Ord
Rpt out amen - to engros
02/23 Rpt engros - 1st rdg - to 2nd rdg as amen
02/26 2nd rdg - to 3rd rdg as amen
02/27 3rd rdg as amen - PASSED - 65-0-5
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Tilman,
Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Jones, Robison, Stone, Swan, Trail
Floor Sponsor -- Callister
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Com/HuRes
03/12 Rpt out - rec d/p - to 2nd rdg as amen
03/13 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Dunklin
Title apvd - to House
03/21 To enrol
03/22 Rpt enrol - Sp signed - Pres signed - to Gov
03/23 Governor signed
Session Law Chapter 133
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 28 BY MR. SPEAKER Requested by: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO BARBERS; AMENDING SECTION 54-501, IDAHO CODE, TO PROVIDE PURPOSE 3 OF LICENSURE; AMENDING SECTION 54-502, IDAHO CODE, TO ADD DESIGNATION AND 4 DEFINITION OF "BARBER-STYLIST" AND TO ADD DEFINITION OF "BARBERING"; 5 AMENDING SECTION 54-506, IDAHO CODE, TO PROVIDE QUALIFICATIONS FOR LICEN- 6 SURE; AMENDING SECTION 54-507, IDAHO CODE, TO REQUIRE LICENSING OF 7 APPROVED BARBER COLLEGES AND TO MODIFY REQUIREMENTS FOR INSTRUCTION; 8 AMENDING SECTION 54-509, IDAHO CODE, TO REQUIRE THAT THE FEE AND A PASS- 9 PORT PHOTOGRAPH ACCOMPANY THE APPLICATION FOR EXAMINATION; AMENDING SEC- 10 TION 54-510, IDAHO CODE, TO PROVIDE FOR EXAMINATION OF BARBER-STYLISTS, TO 11 PROVIDE FOR LICENSURE AND TO CLARIFY EXAMINATION REQUIREMENTS; AMENDING 12 SECTION 54-511, IDAHO CODE, TO PROVIDE FOR ISSUANCE OF REGISTRATION AND 13 LICENSE AS A BARBER OR BARBER-STYLIST; AMENDING SECTION 54-512, IDAHO 14 CODE, TO PROHIBIT PRACTICE AS A BARBER OR BARBER-STYLIST WITHOUT A LICENSE 15 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-514, IDAHO CODE, TO 16 REQUIRE DISPLAY OF LICENSE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 17 SECTION 54-516, IDAHO CODE, TO BROADEN DISCIPLINARY AUTHORITY OF THE BOARD 18 OF BARBER EXAMINERS, TO PROVIDE FOR REFUSAL, REVOCATION OR SUSPENSION OF 19 PERMITS AND LICENSES, TO CLARIFY BASIS FOR DISCIPLINE AND TO MAKE TECHNI- 20 CAL CORRECTIONS; AMENDING SECTION 54-517, IDAHO CODE, TO PROVIDE FOR 21 NOTICE AND HEARING BY THE BOARD OF BARBER EXAMINERS PRIOR TO THE BOARD'S 22 REFUSAL TO ISSUE, RENEW, SUSPEND OR REVOKE A PERMIT OR LICENSE; AMENDING 23 SECTION 54-518, IDAHO CODE, TO PROVIDE FOR PERMIT AND LICENSE FEES, TO 24 PROVIDE AN ORIGINAL LICENSE AND ANNUAL RENEWAL FEE FOR BARBER-STYLISTS AND 25 TO MAKE TECHNICAL CHANGES; AMENDING SECTION 54-519, IDAHO CODE, TO DELETE 26 REFERENCE TO A FINE FOR MISDEMEANOR CONVICTION AND TO PROHIBIT PRACTICE BY 27 UNLICENSED BARBER-STYLISTS, FRAUDULENT OBTAINMENT OF LICENSES, FAILURE TO 28 DISPLAY LICENSES AND UNLICENSED OPERATION OF A SHOP OR SCHOOL AND TO MAKE 29 TECHNICAL CORRECTIONS; AMENDING SECTION 54-521, IDAHO CODE, TO INCREASE 30 BOARD COMPENSATION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 31 54-527, IDAHO CODE, TO PROVIDE FOR ISSUANCE OF LICENSES TO TEACHERS; 32 AMENDING SECTION 54-528, IDAHO CODE, TO REQUIRE LICENSING OF BARBER TEACH- 33 ERS AND TO PROVIDE QUALIFICATIONS FOR LICENSING OF TEACHERS OF BARBERING 34 AND BARBER-STYLING; AND AMENDING SECTION 54-530, IDAHO CODE, TO DELETE 35 REFERENCE TO CERTIFICATE OF REGISTRATION. 36 Be It Enacted by the Legislature of the State of Idaho: 37 SECTION 1. That Section 54-501, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 54-501. REQUIREMENTS OFREGISTRATIONLICENSURE AND BARBERSHOPLICENSE40 LICENSURE. After July 1, 1927, in order to safeguard the public health, safety 41 and welfare, it shall be unlawful to practice, or attempt to practice, barber- 42 ing without acertificate of registrationlicense as a registered barber 43 issued pursuant to provisions of this act by the board of barber examiners. 2 1 After July 1, 1957, in order to safeguard the public health, safety and 2 welfare, it shall be unlawful to own or operate any barbershop unless a bar- 3 bershop license is first obtained from the board. The applicant for such 4 license must furnish proof that the shop is located and equipped to meet the 5 sanitary requirements and rules of the board. The maintenance of a bona fide 6 establishment with a permanent and definite location shall be prerequisite for 7 the issuance of a barbershop license, the establishment of itinerant shops 8 being prohibited. The holder of a barbershop license must notify the board in 9 writing of any change of address and at the same time shall return said 10 license, upon the fact of which such change shall be properly indorsed. A 11 change of address by a licensee without such notice and indorsement shall 12 operate to cancel the license. 13 SECTION 2. That Section 54-502, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 54-502. PRACTICE DEFINED. Any one (1) or any combination of the following 16 practices (when done upon the upper part of the human body for cosmetic pur- 17 poses and not for the treatment of disease or physical or mental ailments and 18 when done for payment either directly or indirectly or without payment for the 19 public generally) constitutes the practice of barbering or barber-styling: 20 (1) Barber-Styling: Shaving or trimming the beard or cutting, trimming, 21 arranging, dressing, curling, waving by any method, straightening, cleansing, 22 singeing, bleaching, coloring, or similar work upon the hair; 23 Fitting, cutting or dressing hairpieces or toupees; 24 Giving facial and scalp massage or treatments with oils, creams, lotions 25 or other preparations, either by hand or mechanical appliances; 26 Applying cosmetic preparations, antiseptics, powders, oils, clays or 27 lotions to scalp, face, neck or upper part of the body. 28 (2) Barbering: Shaving or trimming the beard or cutting, trimming, 29 arranging, dressing, curling, cleansing, singeing, or similar work upon the 30 hair; 31 Fitting, cutting or dressing hairpieces or toupees; 32 Giving facial and scalp massage or treatments with oils, creams, lotions 33 or other preparations, either by hand or mechanical appliances; 34 Applying cosmetic preparations, antiseptics, powders, oils, clays or 35 lotions to scalp, face, neck or upper part of the body. 36 SECTION 3. That Section 54-506, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 54-506. QUALIFICATIONS FORCERTIFICATE OF REGISTRATION AS REGISTERED39 LICENSURE. (1) A person is qualified to receive acertificate of registration40 license to practicebarberingas a barber-stylist who: 411.(a)Who hHastwo (2) years ofa twelfth grade high school education or 42 an equivalenteducationas determined byan examination conducted bythe 43 board.; and 442.(b)Who iIs at least sixteen and one-half (16 1/2) years of age.; and 453.(c)Who iIs of good moral character and temperate habits.; and 464.(d)Who hHas completed and graduated from a courseconsistingof 47 instruction of at leastseventeenone thousand eight hundred (17,800) 48 hourswithin a period of ten and one-half (10 1/2) monthsin a school of 49 barbering approved by the board.; and 505.(e)As applicant shall be required to submit to and sSuccessfully 51 passesa barber'san examination under the supervision of the board of 3 1 barber examiners.An applicant for a certificate of registration to prac-2tice as a barber who fails to pass a satisfactory examination must com-3plete a further course of three (3) months of not less than five hundred4(500) hours in an approved school of barbering before he is entitled to5take an examination again6 (2) A person is qualified to receive a license to practice as a barber 7 who: 8 (a) Has a twelfth grade high school education or an equivalent as deter- 9 mined by the board; and 10 (b) Is at least sixteen and one-half (16 1/2) years of age; and 11 (c) Is of good moral character and temperate habits; and 12 (d) Has completed and graduated from a course of instruction of at least 13 one thousand two hundred (1,200) hours in a school of barbering approved 14 by the board; and 15 (e) Successfully passes an examination under the supervision of the board 16 of barber examiners. 17 SECTION 4. That Section 54-507, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 54-507. APPROVED BARBER COLLEGES -- REQUIREMENTS -- BOND. No school 20 teaching the art or science of barbering shallbe approved by the board nor21shall itoperate or berecognizedlicensed as a school of barbering, unless 22 the entrance requirements are equal to those which are requiredfor appren-23ticesunder section 54-506, Idaho Code. An approved college may teach special 24 courses, but as a prerequisite to graduation the college mustgiveprovide: 25 (1) Aacourse of instruction for barber-stylists of not less thanseven-26teenone thousand eight hundred (17,800) hoursover a period of not less than27ten and one-half (10 1/2) monthsand include in its course of instruction the 28following subjects:29Sscientific fundamentals for barbering: hygiene; bacteriology; histology 30 of the hair, skin, nails, muscles and nerves; structure of the head, face and 31 neck; elementary chemistry relating to sterilization and antiseptics; diseases 32 of the skin, hair, glands and nails; massaging and manipulating the muscles of 33 the upper body; hair cutting; shaving; and arranging, dressing, curling, 34 waving, straightening, coloring, bleaching and tinting of the hair; and 35 (2) A course of instruction for barbers of not less than one thousand two 36 hundred (1,200) hours and include in its course of instruction the scientific 37 fundamentals for barbering: hygiene; bacteriology; histology of the hair, 38 skin, nails, muscles and nerves; structure of the head, face and neck; elemen- 39 tary chemistry relating to sterilization and antiseptics; diseases of the 40 skin, hair, glands and nails; massaging and manipulating the muscles of the 41 upper body; hair cutting; shaving; and arranging and dressing of the hair. 42 For the purpose of this chapter, a recognized approved barber school or 43 college (hereinafter referred to as a college) shall be understood to be a 44 college that has met with the provisions of this chapter, and has a valid 45 unrevokedcertificatelicense issued by the board, to the effect that said 46 college is approved by the state of Idaho. 47 No college in the state shall advertise or use any signs or terms to indi- 48 cate that the college is approved, recognized, accredited,orcertified, or 49 licensed unless said college isapprovedlicensed by the board. Every college 50 shall advertise as a college and make known to the public and customers that 51 the work is being done by students. 52 All instructors in an approved college must be licensed in the state of 53 Idaho as a barber instructor or a cosmetology instructor. 4 1 Every instructor in an approved college shall devote his or her entire 2 time during class hours to that of instructing the students and shall not 3 apply his time to that of private or public practice during the school or 4 class hours. 5School hours for the purpose of instruction in an approved college shall6not begin before 8 a.m., or continue longer than 6 p.m., and shall be con-7ducted for at least five (5) days during the week except Sunday and holidays.8The school day in an approved college shall not be divided into periods9that may work to the detriment of the students. Each student shall be required10to work or receive instruction in the college at least seven (7) hours each11day. Credit will be allowed students for their actual time in attendance at12the college, but not to exceed eight (8) hours per day.13 A college furnishing satisfactory evidence that it is maintaining the 14 requirements set forth in this chapter, whether located within or without the 15 state, shall, upon the payment of the required fee, be issued acertificate16 license to the effect that the college is approved by the board. 17 Acertificatelicense issued to a college must be renewed annually on July 18 first of each year. Should a college fail or refuse to renew acertificate19 license said college shall cease to operate if within the state of Idaho and 20 be removed from the list of the approved colleges. 21 The board may cancel or refuse to renew acertificatelicense issued to a 22 college upon proof that said college has failed or refused to meet with the 23 requirements for approved colleges set forth in this chapter. 24 One (1) instructor must be employed to each fifteen (15) students or frac- 25 tional part thereof and one (1) barber instructor must be employed on a full- 26 time basis in each school or college. 27 Every school or college approved by the board shall deliver to the board, 28 a bond to the state of Idaho in a form approved by the board, and renew the 29 same annually, in the sum of two thousand dollars ($2,000), executed by a cor- 30 porate surety company duly authorized to do business in this state, condi- 31 tioned that such school or college shall continue to give its courses of 32 instruction, in accordance with the provision of this chapter, until it has 33 completed all such courses for which students have enrolled, and conditioned 34 that such school or college shall fully comply with all promises or represen- 35 tations made to enrolled students as an inducement to such students to enroll. 36 Any student so enrolled who may be damaged by reason of the failure of such 37 school or college to comply with such conditions, shall have a right of action 38 in his or her own name, on such bonds, for such damage. 39 SECTION 5. That Section 54-509, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 54-509. APPLICATION FOR EXAMINATION. Each applicant for examination 42 shall: 43 Make application to the board of barber examiners on blank forms prepared 44 and furnished by said board and furnish to the boardtwoone (21)3" x 2"45 passport photographsof the applicant, which shall accompany the application.46Should he pass, one (1) photograph is attached permanently to his certificate47of registration, and he shall pay to the boardtogether with the required 48 fees. 49 SECTION 6. That Section 54-510, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 54-510. EXAMINATIONS. The board of barber examiners shall conduct exami- 5 1 nations of applicants forcertificates of registrationlicensure to practice 2 asregisteredbarbers and barber-stylists at such times and places as said 3 board may determine. 4 The examination of applicants forcertificates of registrationlicensure 5 asregisteredbarbers and barber-stylists shall include both a practical 6 demonstration and a written and oral test, and shall embrace the subjects usu- 7 ally taught in schools of barbering approved by the board. 8 An examination is failed when an applicant obtains a score of below seven- 9 ty-five percent (75%). Any applicant failing below seventy-five percent (75%) 10 on any portion of the examination on the first attempt will not be required to 11 complete any additional training. An applicant failing below seventy-five per- 12 cent (75%) on a second attempt and all subsequent attempts will be required to 13 complete additional training equal to twenty percent (20%) of the original 14 course of instruction. 15 SECTION 7. That Section 54-511, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 54-511. ISSUANCE OF CERTIFICATE OF REGISTRATION AND LICENSE. Whenever the 18 provisions of this chapter have been complied with, the board shall issue a 19 certificate of registration and license as either aregisteredbarber or 20 barber-stylist. 21 SECTION 8. That Section 54-512, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 54-512. PERSONS HAVING PRACTICED BARBERING IN ANOTHER STATE OR COUNTRY. A 24 person who is at least eighteen (18) years of age and of good moral character 25 and temperate habits and who has completed two (2) years of high school or its 26 equivalent as determined by the board, and either: 27 (1.) Has a license or certificate of registration as a practicing barber 28 from another state or country, which has substantially the same requirements 29 for licensing or registering barbers as required by this chapter, or 30 (2.) Who has been licensed as a barber in another state or country for at 31 least three (3) years immediately prior to making application in this state: 32 May be granted a license by the board to practice as a registered barber 33 upon application and payment of the required fee. No such license may be 34 issued except upon authorization by the board. It is unlawful for any person 35 to practice as aregisteredbarber or barber-stylist without acertificate of36registrationlicense. 37 SECTION 9. That Section 54-514, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 54-514. DISPLAY OFCERTIFICATE ANDLICENSE. Every holder of acertificate40of registrationlicense shall display it in a conspicuous place adjacent to or 41 near his work chair. A barbershop license must at all times during the term 42 thereof be displayed in thebarber shopbarbershop for which it is issued. 43 SECTION 10. That Section 54-516, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 54-516. REFUSAL, REVOCATION OR SUSPENSION OFCERTIFICATE ANDPERMIT OR 46 LICENSE. The board of barber examiners may either refuse to issue or renew or 47 may suspend or revoke or impose any other discipline upon anycertificate of6 1registrationlicense for any one (1) or combination of the following causes: 2 (1.) Conviction of a felony shown by a certified copy of the record of 3 the court of conviction; 4 (2.) Gross malpractice or gross incompetency; 5 (3.) Failure to meet the sanitary and health requirements as promulgated 6 for barbers under the provisions of this chapter; 7 (4.) Advertising by means of knowingly false or deceptive statements; 8 (5.) Habitual drunkenness or habitual addiction to the use of morphine, 9 cocaine or other habit-forming drugs; 10 (6.) Immoral or unprofessional conduct; and 11 (7.) The commission of any of the offenses described in section 54-519, 12 Idaho Code. 13The board may suspend for not more than thirty (30) days or until compli-14ance with the requirements, a barber shop license if the owner and operator15fail to meet the sanitary requirements of the board or if either the owner or16operator employs unlicensed barbers in the shop.17 (8) The board may refuse to issue or renew a permit or license for a per- 18 son who is in default in the repayment of any student loan guaranteed or 19 insured by a state or the federal government if, at the time the loan was 20 incurred, the student is provided notice of the power of the board to refuse 21 to issue or renew a permit or license in the event of a default in the repay- 22 ment, which notice shall be in writing and acknowledged by the signature of 23 the student six (6) months prior to the refusal to issue or renew a permit or 24 license. The board shall not renew the permit or license until the person in 25 default enters into a payment agreement with the financial institution or its 26 assignee and the board is notified by the financial institution or its 27 assignee that the agreement is in effect and in compliance with U.S. depart- 28 ment of education regulations. 29 (9) The violation of any of the provisions of this act, or rule adopted 30 pursuant thereto. 31 SECTION 11. That Section 54-517, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 54-517. HEARINGS. The board may neither refuse to issue nor refuse to 34 renew, nor suspend, nor revoke anycertificate of registrationpermit or 35 license, however, for any of these causes unless the person accused has been 36 given at least twenty (20) days' notice in writing of the charge against him 37 and a public hearing by the board. 38 Upon the hearing of any such proceeding, said board may administer oaths 39 and may procure by its subpoena, the attendance of witnesses and the produc- 40 tion of relevant books and papers. 41 Any district court, or any judge of the district court, either in term 42 time or in vacation, upon application either of the accused or of the board 43 may, by order duly entered, require the attendance of witnesses and the pro- 44 duction of relevant books and papers before said board in any hearing relating 45 to the refusal, suspension or revocation ofcertificates for registrationa 46 permit or license. 47 SECTION 12. That Section 54-518, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 54-518. FEES. The various fees to be paid by applicants for original reg- 50 istrations, original licenses, annual renewals,certificates issued upon51endorsementpermits and examinations as required under this chapter shall be 7 1 fixed by rules of the board in amounts not to exceed the following: 2 (1.) Originalregistrations,licenses, permits and annual renewals 3 thereof: 4 approved barber college within the state, originalcertificate5 license/annual renewals.......................................$200.00 6 approved barber college located outside the state, originalcertifi-7catelicense/annual renewals...................................100.00 8 barbershop original license/annual renewals.....................50.00 9registeredbarber, original license/annual renewals.............50.00 10 barber-stylist, original license/annual renewals................50.00 11 teacher, original license/annual renewals.......................60.00 12 student registration (no renewal fees required).................60.00 13 temporary permit fee (no renewal fees required).................60.00 14 endorsement.....................................................80.00 15 (2.) Examination/Reexamination: 16registeredbarber.............................................$ 75.00 17 teachercertificatelicense examination........................100.00 18 All fees shall be paid to the bureau of occupational licenses. Fees shall 19 not be prorated or refundable. The fee for reinstatement shall be as provided 20 in section 67-2614, Idaho Code. Allcertificates/licenses expire on June 30. 21 SECTION 13. That Section 54-519, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 54-519. CERTAIN ACTS PROHIBITED. Each of the followingconstitutesshall 24 be unlawful and punishable as a misdemeanor, punishable upon conviction by a25fine of not less than twenty-five dollars ($25.00), nor more than two hundred26dollars ($200): 27 (1.) The violation of any of the provisions of this chapter; 28 (2.) Permitting any person in one's employ, supervision or control to 29 practice as a barber or barber-stylist unless that person has a valid, unre- 30 vokedcertificate of registrationlicense as aregisteredbarber, barber- 31 stylist, or a temporary permit from the department or to practice cosmetology 32 unless that person has a valid, unrevoked certificate of registration as a 33 registered cosmetologist; 34 (3.) Obtaining or attempting to obtain acertificate of registration35 license for money other than the required fee, or any other thing of value, or 36 by fraudulent misrepresentation; 37 (4.) Practicing or attempting to practice by fraudulent misrepresenta- 38 tions; 39 (5.) Thewilfulwillful failure to display acertificate of registration40 license as required by section 54-514, Idaho Code; or 41 (6.) The use of any room or place for cutting or trimming the hair which 42 is also used for residential or business purposes (except the sale of such 43 commodities as are used inbarber shopsbarbershops) unless a substantial par- 44 tition of ceiling height separates the portion used for residential or busi- 45 ness purposes. 46 (7) Maintaining or operating a barbershop or barber college unless 47 licensed as herein provided. 48 SECTION 14. That Section 54-521, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 54-521. BOARD OF BARBER EXAMINERS -- POWERS AND DUTIES -- DESIGNATION OF 51 PERSONS TO REPORT TO BOARD. There is hereby created, and established in the 8 1 department of self-governing agencies, the board of barber examiners. The 2 board may, by written agreement, authorize the bureau of occupational licenses 3 as agent to act in its interest (in this chapter referred to as the board) and 4 in addition to the powers herein elsewhere conferred, shall have the following 5 powers and it shall be the duty of the board: 6 (1) To conduct examinations to ascertain the qualifications and fitness 7 of applicants for licenses hereunder and to pass upon the qualifications of 8 all applicants for licenses. 9 (2) To conduct hearings and proceedings in accordance with the provisions 10 of chapter 52, title 67, Idaho Code, to revoke licenses issued under this 11 chapter and to revoke such licenses subject to the provisions of this chapter. 12 (3) To designate what schools of barbering within and without the state 13 are approved schools, and from time to time, to change such designations and 14 to keep public records thereof. 15 (4) To prescribe rules in accordance with the provisions of chapter 52, 16 title 67, Idaho Code, for a fair and wholly impartial method of examination of 17 applicants for licenses hereunder and, subject to the provisions of chapter 18 52, title 67, Idaho Code, for conducting hearings for the revocation of 19 licenses, defining the qualifications of an approved school of barbering and 20 for the administration of this chapter in general. 21 Excepting the regulation of schools under section 54-507, Idaho Code, 22 hereof, and the issuance of licenses under section 54-513, Idaho Code, none of 23 the powers and duties specified inthesubsections (1) to (4) of this section, 24 shall be exercised by the said bureau except on the action of the board of 25 barber examiners. When vacancies occur on said board, the governor shall 26 appoint new members, but not more than a total of three (3) members, each of 27 whom shall be a registered barber, and shall have been a resident of, and law- 28 fully practicing barbering within the state of Idaho for a period of at least 29 five (5) years next before his appointment, and who is neither directly nor 30 indirectly in any way connected with or interested in the barber supply busi- 31 ness nor in any institution offering instruction in barbering. In appointing 32 the members of such board the governor shall give consideration to the recom- 33 mendations received from the Idaho state barbers association. The board and 34 all assistants shall be compensated as provided by section 59-509(gh), Idaho 35 Code. 36 The regular term of office of a member of the board shall begin as of the 37 first Monday of July of the year in which he is appointed and shall continue 38 for three (3) years thereafter. A member appointed to fill a vacancy occa- 39 sioned otherwise than by expiration of a term shall serve the unexpired term 40 of his predecessor. 41 A vacancy in membership in the board shall occur, and be declared by the 42 governor, whenever the regular term of a member expires, or whenever a member 43 dies, resigns, or is found by the governor to be mentally or physically inca- 44 pable of acting, or to be neglecting or refusing to act, or to cease to have 45 the qualifications of a member, or to have acquired disqualifications of a 46 member, or to have been absent without reasonable cause from two (2) succes- 47 sive meetings of the board. 48 The board of barber examiners shall select from its members a chairman, 49vice-chairmanvice chairman, and secretary who shall serve at the pleasure of 50 the board. 51 The action and report in writing of the board so designated shall be suf- 52 ficient authority upon which the bureau may act. 53 Whenever the board is satisfied that substantial justice has not been 54 done, either in examination or in revocation of a license or otherwise, it may 55 order a reexamination or rehearing of the matter. 9 1 SECTION 15. That Section 54-527, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 54-527.CERTIFICATESLICENSES OF TEACHERS. The board of barber examiners 4 is authorized to issuecertificateslicenses to teach in a barber school and 5 must determine by examination the qualifications of applicants to teach. 6 SECTION 16. That Section 54-528, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 54-528. QUALIFICATIONS OF TEACHERS. No person shall teach or be employed 9 to teach in any barber school within the state, who at the time of rendering 10 such service is not a holder of a teacher'scertificatelicense for barbering 11 or cosmetology. 12 No person shall be issued a teacher'scertificatelicense until he has 13 satisfactorily completed a minimum six (6) month course of barber teaching as 14 a student in a properly licensed barber college or had a minimum of three (3) 15 years' experience in practical barbering. Any person who makes application to 16 obtain acertificatelicense to teach barbering and barber-styling must pass 17 satisfactorily the barber teachers' examination to be conducted by the board 18 of barber examiners. 19 The barber teachers' examination will determine fully the applicants' 20 ability to teach all the branches of barbering, both practical and scientific. 21 A barber teacher's license may be renewed annually by the payment of the 22 required fee and proof of having met the continued education as may be 23 required by board rule. 24 SECTION 17. That Section 54-530, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 54-530. JUDICIAL REVIEW. Any person who shall feel aggrieved by an action 27 of the board in denying, suspending or revoking hiscertificate of registra-28tion orlicense may seek judicial review thereof in accordance with the provi- 29 sions of chapter 52, title 67, Idaho Code.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Callister
Seconded by Kellogg
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 28
1 AMENDMENTS TO SECTION 3
2 On page 2 of the printed bill, in line 41, delete "two (2) years of a
3 twelfth grade high school education" and insert: "two (2) years of high
4 school"; in line 42, delete "education" and insert: "education"; also in line
5 42, delete "an examination conducted by" and insert: "an examination conducted
6 by"; in line 45, delete "and temperate habits" and insert: "and temperate hab-
7 its"; on page 3, delete lines 8 and 9, and insert:
8 "(a) Has two (2) years of high school or an equivalent education as deter-
9 mined by an examination conducted by the board; and"; in line 11, delete
10 "and temperate habits"; and in line 13, delete "one thousand two hundred
11 (1,200)" and insert: "nine hundred (900)".
12 AMENDMENTS TO SECTION 4
13 On page 3, in line 35, delete "one thousand two" and insert: "nine"; and
14 in line 36, delete "(1,200)" and insert: "(900)".
15 AMENDMENTS TO SECTION 8
16 On page 5, in line 23, following "BARBERING" insert: "OR BARBER-STYLING";
17 in line 25, delete "and temperate habits" and insert: "and temperate habits";
18 in line 27, following "barber" insert: "or barber-stylist"; in line 29, fol-
19 lowing "barbers" insert: "or barber-stylists"; in line 30, following "barber"
20 insert: "or barber-stylist"; and in line 32, following "barber" insert: "or
21 barber-stylist".
22 AMENDMENTS TO SECTION 10
23 On page 5, in line 45, delete "PERMIT OR"; in line 47, delete "or impose
24 any other discipline upon"; on page 6, delete lines 17 through 28; in line 29,
25 delete "(9)" and insert: "(8)"; and also in line 29, delete "act" and insert:
26 "chapter".
27 AMENDMENTS TO SECTION 11
28 On page 6, in line 34, delete "permit or"; and in line 46, delete "permit
29 or".
30 AMENDMENTS TO SECTION 12
31 On page 6, in line 51, delete "permits"; and on page 7, in line 2, delete
32 ", permits".
33 CORRECTIONS TO TITLE
34 On page 1, in line 14, following "CODE," insert: "TO PROVIDE REFERENCES TO
35 BARBER-STYLISTS, TO DELETE LANGUAGE REFERRING TO TEMPERATE HABITS,"; in line
36 17, delete "TO BROADEN DISCIPLINARY AUTHORITY OF THE BOARD"; in line 18,
37 delete "OF BARBER EXAMINERS, TO PROVIDE" and insert: "TO CLARIFY GROUNDS"; in
2
1 line 19, delete "PERMITS AND"; also in line 19, delete "TO CLARIFY BASIS FOR
2 DISCIPLINE" and insert: "TO PROVIDE REFERENCE TO LICENSE, TO DELETE LANGUAGE
3 REFERRING TO SUSPENSION OF LICENSE IF AN OWNER OR OPERATOR FAILS TO MEET SANI-
4 TARY REQUIREMENTS OR EMPLOYS UNLICENSED BARBERS, TO PROVIDE THAT A LICENSE MAY
5 BE REFUSED, REVOKED OR SUSPENDED BASED UPON CERTAIN VIOLATIONS"; in line 22,
6 delete "PERMIT OR"; and in line 23, delete "PERMIT AND LICENSE".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 28, As Amended BY MR. SPEAKER Requested by: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO BARBERS; AMENDING SECTION 54-501, IDAHO CODE, TO PROVIDE PURPOSE 3 OF LICENSURE; AMENDING SECTION 54-502, IDAHO CODE, TO ADD DESIGNATION AND 4 DEFINITION OF "BARBER-STYLIST" AND TO ADD DEFINITION OF "BARBERING"; 5 AMENDING SECTION 54-506, IDAHO CODE, TO PROVIDE QUALIFICATIONS FOR LICEN- 6 SURE; AMENDING SECTION 54-507, IDAHO CODE, TO REQUIRE LICENSING OF 7 APPROVED BARBER COLLEGES AND TO MODIFY REQUIREMENTS FOR INSTRUCTION; 8 AMENDING SECTION 54-509, IDAHO CODE, TO REQUIRE THAT THE FEE AND A PASS- 9 PORT PHOTOGRAPH ACCOMPANY THE APPLICATION FOR EXAMINATION; AMENDING SEC- 10 TION 54-510, IDAHO CODE, TO PROVIDE FOR EXAMINATION OF BARBER-STYLISTS, TO 11 PROVIDE FOR LICENSURE AND TO CLARIFY EXAMINATION REQUIREMENTS; AMENDING 12 SECTION 54-511, IDAHO CODE, TO PROVIDE FOR ISSUANCE OF REGISTRATION AND 13 LICENSE AS A BARBER OR BARBER-STYLIST; AMENDING SECTION 54-512, IDAHO 14 CODE, TO PROVIDE REFERENCES TO BARBER-STYLISTS, TO DELETE LANGUAGE REFER- 15 RING TO TEMPERATE HABITS, TO PROHIBIT PRACTICE AS A BARBER OR BARBER- 16 STYLIST WITHOUT A LICENSE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 17 TION 54-514, IDAHO CODE, TO REQUIRE DISPLAY OF LICENSE AND TO MAKE TECHNI- 18 CAL CORRECTIONS; AMENDING SECTION 54-516, IDAHO CODE, TO CLARIFY GROUNDS 19 FOR REFUSAL, REVOCATION OR SUSPENSION OF LICENSES, TO PROVIDE REFERENCE TO 20 LICENSE, TO DELETE LANGUAGE REFERRING TO SUSPENSION OF LICENSE IF AN OWNER 21 OR OPERATOR FAILS TO MEET SANITARY REQUIREMENTS OR EMPLOYS UNLICENSED BAR- 22 BERS, TO PROVIDE THAT A LICENSE MAY BE REFUSED, REVOKED OR SUSPENDED BASED 23 UPON CERTAIN VIOLATIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 24 TION 54-517, IDAHO CODE, TO PROVIDE FOR NOTICE AND HEARING BY THE BOARD OF 25 BARBER EXAMINERS PRIOR TO THE BOARD'S REFUSAL TO ISSUE, RENEW, SUSPEND OR 26 REVOKE A LICENSE; AMENDING SECTION 54-518, IDAHO CODE, TO PROVIDE FOR 27 FEES, TO PROVIDE AN ORIGINAL LICENSE AND ANNUAL RENEWAL FEE FOR BARBER- 28 STYLISTS AND TO MAKE TECHNICAL CHANGES; AMENDING SECTION 54-519, IDAHO 29 CODE, TO DELETE REFERENCE TO A FINE FOR MISDEMEANOR CONVICTION AND TO PRO- 30 HIBIT PRACTICE BY UNLICENSED BARBER-STYLISTS, FRAUDULENT OBTAINMENT OF 31 LICENSES, FAILURE TO DISPLAY LICENSES AND UNLICENSED OPERATION OF A SHOP 32 OR SCHOOL AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-521, 33 IDAHO CODE, TO INCREASE BOARD COMPENSATION AND TO MAKE TECHNICAL CORREC- 34 TIONS; AMENDING SECTION 54-527, IDAHO CODE, TO PROVIDE FOR ISSUANCE OF 35 LICENSES TO TEACHERS; AMENDING SECTION 54-528, IDAHO CODE, TO REQUIRE 36 LICENSING OF BARBER TEACHERS AND TO PROVIDE QUALIFICATIONS FOR LICENSING 37 OF TEACHERS OF BARBERING AND BARBER-STYLING; AND AMENDING SECTION 54-530, 38 IDAHO CODE, TO DELETE REFERENCE TO CERTIFICATE OF REGISTRATION. 39 Be It Enacted by the Legislature of the State of Idaho: 40 SECTION 1. That Section 54-501, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 54-501. REQUIREMENTS OFREGISTRATIONLICENSURE AND BARBERSHOPLICENSE43 LICENSURE. After July 1, 1927, in order to safeguard the public health, safety 2 1 and welfare, it shall be unlawful to practice, or attempt to practice, barber- 2 ing without acertificate of registrationlicense as a registered barber 3 issued pursuant to provisions of this act by the board of barber examiners. 4 After July 1, 1957, in order to safeguard the public health, safety and 5 welfare, it shall be unlawful to own or operate any barbershop unless a bar- 6 bershop license is first obtained from the board. The applicant for such 7 license must furnish proof that the shop is located and equipped to meet the 8 sanitary requirements and rules of the board. The maintenance of a bona fide 9 establishment with a permanent and definite location shall be prerequisite for 10 the issuance of a barbershop license, the establishment of itinerant shops 11 being prohibited. The holder of a barbershop license must notify the board in 12 writing of any change of address and at the same time shall return said 13 license, upon the fact of which such change shall be properly indorsed. A 14 change of address by a licensee without such notice and indorsement shall 15 operate to cancel the license. 16 SECTION 2. That Section 54-502, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 54-502. PRACTICE DEFINED. Any one (1) or any combination of the following 19 practices (when done upon the upper part of the human body for cosmetic pur- 20 poses and not for the treatment of disease or physical or mental ailments and 21 when done for payment either directly or indirectly or without payment for the 22 public generally) constitutes the practice of barbering or barber-styling: 23 (1) Barber-Styling: Shaving or trimming the beard or cutting, trimming, 24 arranging, dressing, curling, waving by any method, straightening, cleansing, 25 singeing, bleaching, coloring, or similar work upon the hair; 26 Fitting, cutting or dressing hairpieces or toupees; 27 Giving facial and scalp massage or treatments with oils, creams, lotions 28 or other preparations, either by hand or mechanical appliances; 29 Applying cosmetic preparations, antiseptics, powders, oils, clays or 30 lotions to scalp, face, neck or upper part of the body. 31 (2) Barbering: Shaving or trimming the beard or cutting, trimming, 32 arranging, dressing, curling, cleansing, singeing, or similar work upon the 33 hair; 34 Fitting, cutting or dressing hairpieces or toupees; 35 Giving facial and scalp massage or treatments with oils, creams, lotions 36 or other preparations, either by hand or mechanical appliances; 37 Applying cosmetic preparations, antiseptics, powders, oils, clays or 38 lotions to scalp, face, neck or upper part of the body. 39 SECTION 3. That Section 54-506, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 54-506. QUALIFICATIONS FORCERTIFICATE OF REGISTRATION AS REGISTERED42 LICENSURE. (1) A person is qualified to receive acertificate of registration43 license to practicebarberingas a barber-stylist who: 441.(a)Who hHas two (2) years of high school or an equivalent education as 45 determined by an examination conducted by the board.; and 462.(b)Who iIs at least sixteen and one-half (16 1/2) years of age.; and 473.(c)Who iIs of good moral characterand temperate habits.; and 484.(d)Who hHas completed and graduated from a courseconsistingof 49 instruction of at leastseventeenone thousand eight hundred (17,800) 50 hourswithin a period of ten and one-half (10 1/2) monthsin a school of 51 barbering approved by the board.; and 3 15.(e)As applicant shall be required to submit to and sSuccessfully 2 passesa barber'san examination under the supervision of the board of 3 barber examiners.An applicant for a certificate of registration to prac-4tice as a barber who fails to pass a satisfactory examination must com-5plete a further course of three (3) months of not less than five hundred6(500) hours in an approved school of barbering before he is entitled to7take an examination again8 (2) A person is qualified to receive a license to practice as a barber 9 who: 10 (a) Has two (2) years of high school or an equivalent education as deter- 11 mined by an examination conducted by the board; and 12 (b) Is at least sixteen and one-half (16 1/2) years of age; and 13 (c) Is of good moral character; and 14 (d) Has completed and graduated from a course of instruction of at least 15 nine hundred (900) hours in a school of barbering approved by the board; 16 and 17 (e) Successfully passes an examination under the supervision of the board 18 of barber examiners. 19 SECTION 4. That Section 54-507, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 54-507. APPROVED BARBER COLLEGES -- REQUIREMENTS -- BOND. No school 22 teaching the art or science of barbering shallbe approved by the board nor23shall itoperate or berecognizedlicensed as a school of barbering, unless 24 the entrance requirements are equal to those which are requiredfor appren-25ticesunder section 54-506, Idaho Code. An approved college may teach special 26 courses, but as a prerequisite to graduation the college mustgiveprovide: 27 (1) Aacourse of instruction for barber-stylists of not less thanseven-28teenone thousand eight hundred (17,800) hoursover a period of not less than29ten and one-half (10 1/2) monthsand include in its course of instruction the 30following subjects:31Sscientific fundamentals for barbering: hygiene; bacteriology; histology 32 of the hair, skin, nails, muscles and nerves; structure of the head, face and 33 neck; elementary chemistry relating to sterilization and antiseptics; diseases 34 of the skin, hair, glands and nails; massaging and manipulating the muscles of 35 the upper body; hair cutting; shaving; and arranging, dressing, curling, 36 waving, straightening, coloring, bleaching and tinting of the hair; and 37 (2) A course of instruction for barbers of not less than nine hundred 38 (900) hours and include in its course of instruction the scientific fundamen- 39 tals for barbering: hygiene; bacteriology; histology of the hair, skin, nails, 40 muscles and nerves; structure of the head, face and neck; elementary chemistry 41 relating to sterilization and antiseptics; diseases of the skin, hair, glands 42 and nails; massaging and manipulating the muscles of the upper body; hair cut- 43 ting; shaving; and arranging and dressing of the hair. 44 For the purpose of this chapter, a recognized approved barber school or 45 college (hereinafter referred to as a college) shall be understood to be a 46 college that has met with the provisions of this chapter, and has a valid 47 unrevokedcertificatelicense issued by the board, to the effect that said 48 college is approved by the state of Idaho. 49 No college in the state shall advertise or use any signs or terms to indi- 50 cate that the college is approved, recognized, accredited,orcertified, or 51 licensed unless said college isapprovedlicensed by the board. Every college 52 shall advertise as a college and make known to the public and customers that 53 the work is being done by students. 4 1 All instructors in an approved college must be licensed in the state of 2 Idaho as a barber instructor or a cosmetology instructor. 3 Every instructor in an approved college shall devote his or her entire 4 time during class hours to that of instructing the students and shall not 5 apply his time to that of private or public practice during the school or 6 class hours. 7School hours for the purpose of instruction in an approved college shall8not begin before 8 a.m., or continue longer than 6 p.m., and shall be con-9ducted for at least five (5) days during the week except Sunday and holidays.10The school day in an approved college shall not be divided into periods11that may work to the detriment of the students. Each student shall be required12to work or receive instruction in the college at least seven (7) hours each13day. Credit will be allowed students for their actual time in attendance at14the college, but not to exceed eight (8) hours per day.15 A college furnishing satisfactory evidence that it is maintaining the 16 requirements set forth in this chapter, whether located within or without the 17 state, shall, upon the payment of the required fee, be issued acertificate18 license to the effect that the college is approved by the board. 19 Acertificatelicense issued to a college must be renewed annually on July 20 first of each year. Should a college fail or refuse to renew acertificate21 license said college shall cease to operate if within the state of Idaho and 22 be removed from the list of the approved colleges. 23 The board may cancel or refuse to renew acertificatelicense issued to a 24 college upon proof that said college has failed or refused to meet with the 25 requirements for approved colleges set forth in this chapter. 26 One (1) instructor must be employed to each fifteen (15) students or frac- 27 tional part thereof and one (1) barber instructor must be employed on a full- 28 time basis in each school or college. 29 Every school or college approved by the board shall deliver to the board, 30 a bond to the state of Idaho in a form approved by the board, and renew the 31 same annually, in the sum of two thousand dollars ($2,000), executed by a cor- 32 porate surety company duly authorized to do business in this state, condi- 33 tioned that such school or college shall continue to give its courses of 34 instruction, in accordance with the provision of this chapter, until it has 35 completed all such courses for which students have enrolled, and conditioned 36 that such school or college shall fully comply with all promises or represen- 37 tations made to enrolled students as an inducement to such students to enroll. 38 Any student so enrolled who may be damaged by reason of the failure of such 39 school or college to comply with such conditions, shall have a right of action 40 in his or her own name, on such bonds, for such damage. 41 SECTION 5. That Section 54-509, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 54-509. APPLICATION FOR EXAMINATION. Each applicant for examination 44 shall: 45 Make application to the board of barber examiners on blank forms prepared 46 and furnished by said board and furnish to the boardtwoone (21)3" x 2"47 passport photographsof the applicant, which shall accompany the application.48Should he pass, one (1) photograph is attached permanently to his certificate49of registration, and he shall pay to the boardtogether with the required 50 fees. 51 SECTION 6. That Section 54-510, Idaho Code, be, and the same is hereby 52 amended to read as follows: 5 1 54-510. EXAMINATIONS. The board of barber examiners shall conduct exami- 2 nations of applicants forcertificates of registrationlicensure to practice 3 asregisteredbarbers and barber-stylists at such times and places as said 4 board may determine. 5 The examination of applicants forcertificates of registrationlicensure 6 asregisteredbarbers and barber-stylists shall include both a practical 7 demonstration and a written and oral test, and shall embrace the subjects usu- 8 ally taught in schools of barbering approved by the board. 9 An examination is failed when an applicant obtains a score of below seven- 10 ty-five percent (75%). Any applicant failing below seventy-five percent (75%) 11 on any portion of the examination on the first attempt will not be required to 12 complete any additional training. An applicant failing below seventy-five per- 13 cent (75%) on a second attempt and all subsequent attempts will be required to 14 complete additional training equal to twenty percent (20%) of the original 15 course of instruction. 16 SECTION 7. That Section 54-511, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 54-511. ISSUANCE OF CERTIFICATE OF REGISTRATION AND LICENSE. Whenever the 19 provisions of this chapter have been complied with, the board shall issue a 20 certificate of registration and license as either aregisteredbarber or 21 barber-stylist. 22 SECTION 8. That Section 54-512, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 54-512. PERSONS HAVING PRACTICED BARBERING OR BARBER-STYLING IN ANOTHER 25 STATE OR COUNTRY. A person who is at least eighteen (18) years of age and of 26 good moral characterand temperate habitsand who has completed two (2) years 27 of high school or its equivalent as determined by the board, and either: 28 (1.) Has a license or certificate of registration as a practicing barber 29 or barber-stylist from another state or country, which has substantially the 30 same requirements for licensing or registering barbers or barber-stylists as 31 required by this chapter, or 32 (2.) Who has been licensed as a barber or barber-stylist in another state 33 or country for at least three (3) years immediately prior to making applica- 34 tion in this state: 35 May be granted a license by the board to practice as a registered barber 36 or barber-stylist upon application and payment of the required fee. No such 37 license may be issued except upon authorization by the board. It is unlawful 38 for any person to practice as aregisteredbarber or barber-stylist without a 39certificate of registrationlicense. 40 SECTION 9. That Section 54-514, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 54-514. DISPLAY OFCERTIFICATE ANDLICENSE. Every holder of acertificate43of registrationlicense shall display it in a conspicuous place adjacent to or 44 near his work chair. A barbershop license must at all times during the term 45 thereof be displayed in thebarber shopbarbershop for which it is issued. 46 SECTION 10. That Section 54-516, Idaho Code, be, and the same is hereby 47 amended to read as follows: 6 1 54-516. REFUSAL, REVOCATION OR SUSPENSION OFCERTIFICATE ANDLICENSE. The 2 board of barber examiners may either refuse to issue or renew or may suspend 3 or revoke anycertificate of registrationlicense for any one (1) or combina- 4 tion of the following causes: 5 (1.) Conviction of a felony shown by a certified copy of the record of 6 the court of conviction; 7 (2.) Gross malpractice or gross incompetency; 8 (3.) Failure to meet the sanitary and health requirements as promulgated 9 for barbers under the provisions of this chapter; 10 (4.) Advertising by means of knowingly false or deceptive statements; 11 (5.) Habitual drunkenness or habitual addiction to the use of morphine, 12 cocaine or other habit-forming drugs; 13 (6.) Immoral or unprofessional conduct; and 14 (7.) The commission of any of the offenses described in section 54-519, 15 Idaho Code. 16The board may suspend for not more than thirty (30) days or until compli-17ance with the requirements, a barber shop license if the owner and operator18fail to meet the sanitary requirements of the board or if either the owner or19operator employs unlicensed barbers in the shop.20 (8) The violation of any of the provisions of this chapter, or rule 21 adopted pursuant thereto. 22 SECTION 11. That Section 54-517, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 54-517. HEARINGS. The board may neither refuse to issue nor refuse to 25 renew, nor suspend, nor revoke anycertificate of registrationlicense, how- 26 ever, for any of these causes unless the person accused has been given at 27 least twenty (20) days' notice in writing of the charge against him and a pub- 28 lic hearing by the board. 29 Upon the hearing of any such proceeding, said board may administer oaths 30 and may procure by its subpoena, the attendance of witnesses and the produc- 31 tion of relevant books and papers. 32 Any district court, or any judge of the district court, either in term 33 time or in vacation, upon application either of the accused or of the board 34 may, by order duly entered, require the attendance of witnesses and the pro- 35 duction of relevant books and papers before said board in any hearing relating 36 to the refusal, suspension or revocation ofcertificates for registrationa 37 license. 38 SECTION 12. That Section 54-518, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 54-518. FEES. The various fees to be paid by applicants for original reg- 41 istrations, original licenses, annual renewals,certificates issued upon42endorsementand examinations as required under this chapter shall be fixed by 43 rules of the board in amounts not to exceed the following: 44 (1.) Originalregistrations,licenses and annual renewals thereof: 45 approved barber college within the state, originalcertificate46 license/annual renewals.......................................$200.00 47 approved barber college located outside the state, originalcertifi-48catelicense/annual renewals...................................100.00 49 barbershop original license/annual renewals.....................50.00 50registeredbarber, original license/annual renewals.............50.00 51 barber-stylist, original license/annual renewals................50.00 7 1 teacher, original license/annual renewals.......................60.00 2 student registration (no renewal fees required).................60.00 3 temporary permit fee (no renewal fees required).................60.00 4 endorsement.....................................................80.00 5 (2.) Examination/Reexamination: 6registeredbarber.............................................$ 75.00 7 teachercertificatelicense examination........................100.00 8 All fees shall be paid to the bureau of occupational licenses. Fees shall 9 not be prorated or refundable. The fee for reinstatement shall be as provided 10 in section 67-2614, Idaho Code. Allcertificates/licenses expire on June 30. 11 SECTION 13. That Section 54-519, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 54-519. CERTAIN ACTS PROHIBITED. Each of the followingconstitutesshall 14 be unlawful and punishable as a misdemeanor, punishable upon conviction by a15fine of not less than twenty-five dollars ($25.00), nor more than two hundred16dollars ($200): 17 (1.) The violation of any of the provisions of this chapter; 18 (2.) Permitting any person in one's employ, supervision or control to 19 practice as a barber or barber-stylist unless that person has a valid, unre- 20 vokedcertificate of registrationlicense as aregisteredbarber, barber- 21 stylist, or a temporary permit from the department or to practice cosmetology 22 unless that person has a valid, unrevoked certificate of registration as a 23 registered cosmetologist; 24 (3.) Obtaining or attempting to obtain acertificate of registration25 license for money other than the required fee, or any other thing of value, or 26 by fraudulent misrepresentation; 27 (4.) Practicing or attempting to practice by fraudulent misrepresenta- 28 tions; 29 (5.) Thewilfulwillful failure to display acertificate of registration30 license as required by section 54-514, Idaho Code; or 31 (6.) The use of any room or place for cutting or trimming the hair which 32 is also used for residential or business purposes (except the sale of such 33 commodities as are used inbarber shopsbarbershops) unless a substantial par- 34 tition of ceiling height separates the portion used for residential or busi- 35 ness purposes. 36 (7) Maintaining or operating a barbershop or barber college unless 37 licensed as herein provided. 38 SECTION 14. That Section 54-521, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 54-521. BOARD OF BARBER EXAMINERS -- POWERS AND DUTIES -- DESIGNATION OF 41 PERSONS TO REPORT TO BOARD. There is hereby created, and established in the 42 department of self-governing agencies, the board of barber examiners. The 43 board may, by written agreement, authorize the bureau of occupational licenses 44 as agent to act in its interest (in this chapter referred to as the board) and 45 in addition to the powers herein elsewhere conferred, shall have the following 46 powers and it shall be the duty of the board: 47 (1) To conduct examinations to ascertain the qualifications and fitness 48 of applicants for licenses hereunder and to pass upon the qualifications of 49 all applicants for licenses. 50 (2) To conduct hearings and proceedings in accordance with the provisions 51 of chapter 52, title 67, Idaho Code, to revoke licenses issued under this 8 1 chapter and to revoke such licenses subject to the provisions of this chapter. 2 (3) To designate what schools of barbering within and without the state 3 are approved schools, and from time to time, to change such designations and 4 to keep public records thereof. 5 (4) To prescribe rules in accordance with the provisions of chapter 52, 6 title 67, Idaho Code, for a fair and wholly impartial method of examination of 7 applicants for licenses hereunder and, subject to the provisions of chapter 8 52, title 67, Idaho Code, for conducting hearings for the revocation of 9 licenses, defining the qualifications of an approved school of barbering and 10 for the administration of this chapter in general. 11 Excepting the regulation of schools under section 54-507, Idaho Code, 12 hereof, and the issuance of licenses under section 54-513, Idaho Code, none of 13 the powers and duties specified inthesubsections (1) to (4) of this section, 14 shall be exercised by the said bureau except on the action of the board of 15 barber examiners. When vacancies occur on said board, the governor shall 16 appoint new members, but not more than a total of three (3) members, each of 17 whom shall be a registered barber, and shall have been a resident of, and law- 18 fully practicing barbering within the state of Idaho for a period of at least 19 five (5) years next before his appointment, and who is neither directly nor 20 indirectly in any way connected with or interested in the barber supply busi- 21 ness nor in any institution offering instruction in barbering. In appointing 22 the members of such board the governor shall give consideration to the recom- 23 mendations received from the Idaho state barbers association. The board and 24 all assistants shall be compensated as provided by section 59-509(gh), Idaho 25 Code. 26 The regular term of office of a member of the board shall begin as of the 27 first Monday of July of the year in which he is appointed and shall continue 28 for three (3) years thereafter. A member appointed to fill a vacancy occa- 29 sioned otherwise than by expiration of a term shall serve the unexpired term 30 of his predecessor. 31 A vacancy in membership in the board shall occur, and be declared by the 32 governor, whenever the regular term of a member expires, or whenever a member 33 dies, resigns, or is found by the governor to be mentally or physically inca- 34 pable of acting, or to be neglecting or refusing to act, or to cease to have 35 the qualifications of a member, or to have acquired disqualifications of a 36 member, or to have been absent without reasonable cause from two (2) succes- 37 sive meetings of the board. 38 The board of barber examiners shall select from its members a chairman, 39vice-chairmanvice chairman, and secretary who shall serve at the pleasure of 40 the board. 41 The action and report in writing of the board so designated shall be suf- 42 ficient authority upon which the bureau may act. 43 Whenever the board is satisfied that substantial justice has not been 44 done, either in examination or in revocation of a license or otherwise, it may 45 order a reexamination or rehearing of the matter. 46 SECTION 15. That Section 54-527, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 54-527.CERTIFICATESLICENSES OF TEACHERS. The board of barber examiners 49 is authorized to issuecertificateslicenses to teach in a barber school and 50 must determine by examination the qualifications of applicants to teach. 51 SECTION 16. That Section 54-528, Idaho Code, be, and the same is hereby 52 amended to read as follows: 9 1 54-528. QUALIFICATIONS OF TEACHERS. No person shall teach or be employed 2 to teach in any barber school within the state, who at the time of rendering 3 such service is not a holder of a teacher'scertificatelicense for barbering 4 or cosmetology. 5 No person shall be issued a teacher'scertificatelicense until he has 6 satisfactorily completed a minimum six (6) month course of barber teaching as 7 a student in a properly licensed barber college or had a minimum of three (3) 8 years' experience in practical barbering. Any person who makes application to 9 obtain acertificatelicense to teach barbering and barber-styling must pass 10 satisfactorily the barber teachers' examination to be conducted by the board 11 of barber examiners. 12 The barber teachers' examination will determine fully the applicants' 13 ability to teach all the branches of barbering, both practical and scientific. 14 A barber teacher's license may be renewed annually by the payment of the 15 required fee and proof of having met the continued education as may be 16 required by board rule. 17 SECTION 17. That Section 54-530, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 54-530. JUDICIAL REVIEW. Any person who shall feel aggrieved by an action 20 of the board in denying, suspending or revoking hiscertificate of registra-21tion orlicense may seek judicial review thereof in accordance with the provi- 22 sions of chapter 52, title 67, Idaho Code.
STATEMENT OF PURPOSE
RS 10480
The change from certificate to license would correspond with the board
practice of issuing licenses and not certificates. By adding "safeguard
the public health, safety, and welfare" language, the purpose of
licensure will be clearly specified in the statute. By offering both
a Barber-Stylist and Barber license, those persons wishing to practice
"pure barbering" (without chemicals i.e. permanent waves, coloring,
straightening, etc.) will be able to obtain a Barber license for that
purpose. Those who include the chemical work in their practice will
be issued a Barber-Stylist license. Deletion of references concerning
a schools hours, days, and months, or training and operation will allow
schools to offer training programs at times more compatible for non-
traditional students. Clarifies what constitutes failure of an exam, and
the re-qualification requirements. Allows the board to withhold a license
if payment of a student loan is not made. Allows the board the discretion
to apply discipline other than the suspension or revocation of a license.
This action is taken at the Deputy AG's suggestion which will allow the
board to enter into consent agreements with licensees to assess fines and
recover costs rather than being forced to go through the hearing process
(which is more costly to both the board and the licensee; typically $5 -
$50 thousand). Revises the language concerning a misdemeanor conviction
and define the operation of an unlicensed facility as a misdemeanor.
Increase the board's honorarium from $35.00 to $50.00.
FISCAL IMPACT
There is no fiscal impact to the general fund. The increase in the board's
honorarium is $135.00 per year in dedicated funds.
CONTACT
Name: Thomas E. Limbaugh
Agency: Bureau of Occupational Licenses,
Board of Barber Examiners
Phone: 334-3233
Statement of Purpose/Fiscal Note Bill No. H 28