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H0029aa......................................................by MR. SPEAKER
Requested by: Bureau of Occupational Licenses
ELECTROLOGY - COSMETOLOGY - Amends existing law to add electrology as a
licensed discipline; to revise definitions; to add definitions of "nail
technology instructor" and "esthetics instructor"; to provide requirements
for licensure; to provide licensure requirements for schools and
establishments; to provide requirements for the practice of apprentices; to
provide for school curriculums; to strike reference to an oral test; to
provide for endorsement licensure; to require display of licenses; to
provide for hearings on refusal to renew or suspension or revocation of
permits; to increase certain fees; to provide for prohibited acts; to
delete language providing that the board may refuse to issue or renew a
certificate or license for persons who are in default on the repayment of
certain student loans; to provide for qualifications for permit to
demonstrate or teach; and to delete temporary practice permits.
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 -- 64-0-6
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, 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, Lake, Robison, Stone, Swan, Trail
Floor Sponsor -- Chase
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Com/HuRes
03/13 Rpt out - rec d/p - to 2nd rdg as amen
03/14 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 -- Lodge
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 134
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 29 BY MR. SPEAKER Requested by: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO COSMETOLOGY; AMENDING SECTION 54-801, IDAHO CODE, TO ADD 3 ELECTROLOGY AS A LICENSED DISCIPLINE; AMENDING SECTION 54-802, IDAHO CODE, 4 TO REVISE DEFINITIONS, TO ADD DEFINITIONS FOR "NAIL TECHNOLOGY INSTRUCTOR" 5 AND "ESTHETICS INSTRUCTOR" AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 6 SECTION 54-805, IDAHO CODE, TO PROVIDE REQUIREMENTS FOR LICENSURE AND TO 7 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-806, IDAHO CODE, TO PRO- 8 VIDE LICENSURE FOR SCHOOLS AND ESTABLISHMENTS; AMENDING SECTION 54-807, 9 IDAHO CODE, TO PROVIDE REQUIREMENTS FOR PRACTICE OF APPRENTICES AND TO 10 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-808, IDAHO CODE, TO PRO- 11 VIDE REGULATIONS FOR SCHOOLS, TO REQUIRE LICENSING FOR SCHOOLS, TO PROVIDE 12 FOR CURRICULUMS FOR SCHOOLS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 13 SECTION 54-809, IDAHO CODE, TO REQUIRE A PASSPORT PHOTOGRAPH AND ADDRESSES 14 OF CHARACTER REFERENCES TO ACCOMPANY AN APPLICATION FOR EXAMINATION AND TO 15 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-810, IDAHO CODE, TO DELETE 16 A REFERENCE TO AN ORAL TEST; AMENDING SECTION 54-811, IDAHO CODE, TO PRO- 17 VIDE FOR ISSUANCE OF A LICENSE; AMENDING SECTION 54-812, IDAHO CODE, TO 18 PROVIDE REQUIREMENTS FOR ENDORSEMENT LICENSURE AND TO MAKE TECHNICAL COR- 19 RECTIONS; AMENDING SECTION 54-814, IDAHO CODE, TO REQUIRE DISPLAY OF 20 LICENSE; AMENDING SECTION 54-816, IDAHO CODE, TO BROADEN DISCIPLINARY 21 AUTHORITY, TO CLARIFY BASIS FOR DISCIPLINE AND TO MAKE TECHNICAL CORREC- 22 TIONS; AMENDING SECTION 54-817, IDAHO CODE, TO PROVIDE FOR HEARINGS ON 23 REFUSAL TO RENEW, SUSPENSION OR REVOCATION OF PERMITS; AMENDING SECTION 24 54-818, IDAHO CODE, TO PROVIDE FOR AN INCREASE IN CERTAIN FEES, TO PROVIDE 25 REFERENCE TO LICENSES AND PERMITS, TO DELETE REFERENCE TO INTERIM CERTIFI- 26 CATES, TO DELETE AN EXPIRATION DATE AND TO MAKE TECHNICAL CORRECTIONS; 27 AMENDING SECTION 54-819, IDAHO CODE, TO PROVIDE CERTAIN PROHIBITED ACTS 28 AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 54-827, IDAHO 29 CODE, TO PROVIDE QUALIFICATIONS FOR A PERMIT TO DEMONSTRATE AND TEACH AND 30 TO DELETE TEMPORARY PRACTICE PERMITS. 31 Be It Enacted by the Legislature of the State of Idaho: 32 SECTION 1. That Section 54-801, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 54-801. DECLARATION OF POLICY. In order to safeguard the public health, 35 safety and welfare, every person practicing or offering to practice cosmetol- 36 ogy or electrology, as hereinafter defined, shall submit evidence of his qual- 37 ifications and be licensed as hereinafter provided; and it shall be unlawful 38 for any person to practice or offer to practice cosmetology or electrology, or 39 to use in connection with his name or otherwise assume, use, or advertise any 40 title or description tending to convey the impression that he is a licensed 41 cosmetologist or electrologist, unless such person has been duly licensed 42 under the provisions of this chapter and any amendments thereto; and it shall 43 be unlawful for any person to operate a cosmetological establishment or school 2 1 of cosmetology unless such cosmetological establishment or school of cosmetol- 2 ogy has been dulyregisteredlicensed for such purpose as hereinafter pro- 3 vided. 4 SECTION 2. That Section 54-802, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 54-802. DEFINITIONS. For the purpose of this chapter, the following defi- 7 nitions shall apply: 8 (a1) "Cosmetology" shall constitute any one (1) or combination of the 9 following practices when done upon the human body for cosmetic purposes and 10 not for the treatment of disease or physical or mental ailments: 111.(a) Cutting, trimming, arranging, dressing, curling, waving by any 12 method, cleansing, singeing, bleaching, coloring, or similar work upon the 13 hair. 142.(b) Applying cosmetic preparations, antiseptics, tonics, lotions or 15 creams, or massaging, cleansing, exercising, beautifying, or similar 16 applications or work upon the scalp, face, neck, arms, hands, busts, or 17 other parts of the body. 183.(c) Manicuring, pedicuring the nails, and the application of artificial 19 nails. 20 (b2) "Registered cosmetologist" shall mean any person licensed to prac- 21 tice cosmetology. 22 (c3) "Nail technology" shall constitute any one (1) or more of the fol- 23 lowing practices when done upon the human body: 241.(a) Manicuring, pedicuring the nails, and the application of all forms 25 of artificial nails. 262.(b) Massage of the hands and feet. 27 (d4) "Nail technician" shall mean any licensed person whose practice of 28 cosmetology is limited to nail technology. 29 (e5) "Nail technology instructor" shall mean a nail technologist who is 30 licensed to teach nail technology or any practice thereof in a school of cos- 31 metology. 32 (6) "Apprentice" shall mean any personwho is engagedregistered with the 33 board to engage in the learning or acquiring of any or all of the practices of 34 cosmetology in a licensed cosmetological establishment, and while so learning 35 performs or assists in any of the practices of cosmetology. 36 (f7) "Student" shall mean any personwho is engagedregistered with the 37 board to engage in the learning or acquiring of any or all of the practices of 38 cosmetology in aregisteredlicensed school of cosmetology, and while so 39 learning performs or assists in any of the practices of cosmetology. 40 (g8) "Instructor" shall mean a cosmetologist whoteachesis licensed to 41 teach cosmetology or any practices thereof in a school of cosmetology,or42 school or college of barbering, or cosmetology establishment meeting the 43 requirements for apprenticeship training. 44 (h9) "Student instructor" shall mean a cosmetologist who isreceiving45 registered with the board in a school of cosmetology to receive training to 46 teach cosmetology. 47 (i10) "Cosmetological establishment" shall mean any licensed place or part 48 thereof other than a school of cosmetology wherein cosmetology is practiced. 49 (j11) "School of cosmetology" shall mean any licensed place or part 50 thereof wherein cosmetology is taught to students. 51 (k12) "Board" means the Idaho board of cosmetology. 52 (l13) "Department" means the Idaho department of self-governing agencies. 53 (m14) "Chapter" as used in this act refers to chapter 8, title 54, Idaho 3 1 Code. 2 (n15) "Electrologist" means any person licensed to practice electrology 3 and who is skilled in the permanent removal of unwanted hair. 4 (o16) "Electrolysis or electrology" means the permanent removal of hair by 5 destroying the hair producing cells of the skin and vascular system using 6 equipment and devices approved by and registered with the United States food 7 and drug administration. 8 (p17) "Esthetics" shall constitute any one (1) or combination of the fol- 9 lowing practices when done on the human body: 101.(a) Applying cosmetic preparations, antiseptics, tonics, lotions or 11 creams, or massaging, cleansing, exercising, beautifying or similar appli- 12 cations of work to the human body. 132.(b) Nonpermanent hair removal by tweezing or waxing. 14 (q18) "Esthetician" means any person licensed to practice esthetics. 15 (19) "Esthetics instructor" shall mean an esthetician who is licensed to 16 teach esthetics or any practice thereof in a school of cosmetology approved to 17 teach esthetics. 18 (r20) "Electrologist instructor" shall meansan electrologist whoteaches19 is licensed to teach electrology or any practices thereof in a school of cos- 20 metology approved to teach electrology. 21 (s21) "Student electrologist instructor" shall mean an electrologist who 22 isreceivingregistered with the board in a school of cosmetology approved to 23 teach electrology to receive training to teach electrology. 24 (t22) "Makeover or glamour photography business" means any business 25 engaged in the offering of photographic services to the general public and 26 whose employees engage in the facial application of cosmetic products or the 27 arranging of the hair of customers in connection with the sale, or attempted 28 sale, of photographic services. 29 (u23) "Retail cosmetics dealer" means a fixed retail business which offers 30 cosmetic products for sale at retail to members of the general public and 31 whose employees engage in the facial application of cosmetic products to cus- 32 tomers in connection with the sale, or attempted sale, of the products without 33 compensation from the customer other than the regular price of the merchan- 34 dise. 35 (v24) "Demonstration, competition or production" means an organized event 36 of limited duration where cosmetology services may be performed, if sponsored 37 by a salon, school of cosmetology or cosmetology-related organization. 38 SECTION 3. That Section 54-805, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 54-805. REQUIREMENTS FOR LICENSE. Except as herein otherwise provided, 41 the following shall be considered minimum requirements for license in the 42 respective categories, and all applicants shall be of good moral character 43 and temperate habits: 44 (1.) As a registered cosmetologist: 45 (a) Be sixteen and one-half (16 1/2) years of age. 46 (b) Completion oftwo (2) years'a twelfth grade high school education or 47 its equivalent. 48 (bc) Graduation from and completion of a two thousand (2,000) hour course 49 of instruction in a school of cosmetology, or a four thousand (4,000) hour 50 course of instruction as an apprentice covering all phases of the practice 51 of cosmetology. 52 (cd) Successful passage of the examination for cosmetologist given under 53 the direction of the board. 4 1 (2.) As an instructor of cosmetology, nail technology, esthetics or 2 electrology: twelve (12) semester college credit hours or equivalent as 3 approved by the board or successful completion of the examination required by 4 board rules, and 5 (a) One (1) year's experience as a licensed cosmetologist, nail technolo- 6 gist, esthetician or electrologist in a registered cosmetological estab- 7 lishment or school and a six (6) months teacher's course of instruction in 8 a school of cosmetology, or 9 (b) Two (2) years' experience as a licensed cosmetologist, nail technolo- 10 gist, esthetician or electrologist in a registered cosmetological estab- 11 lishment and a three (3) months teacher's course of instruction in a 12 school of cosmetology, or 13 (c) Five (5) years' experience as a licensed cosmetologist, nail tech- 14 nologist, esthetician or electrologist immediately preceding the applica- 15 tion for license., and16 (3.) As a student: 17 (a) Be sixteen and one-half (16 1/2) years of age. 18 (b) Have completed at least two (2) years of high school education or its 19 equivalent. 20 (4.) As an apprentice: 21 (a) Be sixteen and one-half (16 1/2) years of age. 22 (b) Have completed at least two (2) years of high school education or its 23 equivalent. 24 (5.) As a nail technician: 25 (a) Be sixteen and one-half (16 1/2) years of age. 26 (b) Have completed at leasttwo (2) years ofa twelfth grade high school 27 education or its equivalent. 28 (c) Have completed and graduated from at least athreesix hundred 29 (3600) hour course of instruction and graduated from such training in a 30 board approved school, or asixone thousand two hundred (61,200) hour 31 course of instruction as an apprentice inanya specified cosmetological 32 establishment under the direct personal supervision of a licensed cosme- 33 tology instructor, who shall have at least one (1)registeredlicensed 34 nail technician on-site in the specified cosmetological establishment for 35 each student being trained. 36 (d) Successful passage of the examination for nail technician given under 37 the direction of the board. 38 (6.) As an electrologist: 39 (a) Be sixteen and one-half (16 1/2) years of age. 40 (b) Have completed at leasttwo (2) years ofa twelfth grade high school 41 education or its equivalent. 42 (c) Have completed and graduated from at least an eight hundred (800) 43 hour course of instructionforand graduated from such training in a 44 school approved by the board to teach electrology, or asixteenone thou- 45 sand six hundred (1,600) hour course of instruction as an apprentice in a 46 specified cosmetological establishment under the direct personal supervi- 47 sion of a licensed electrologist instructor, who shall have at least one 48 (1) licensed electrologist on-site in the specified cosmetological estab- 49 lishment 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 leasttwo (2) years ofa twelfth grade high school 55 education or its equivalent. 5 1 (c) Have completed and graduated from at least asixnine hundred (6900) 2 hour course of instruction for such in a school approved by the board to 3 teach esthetics or a one thousand eight hundred (1,0800) hour course of 4 instruction as an apprentice inanya specified cosmetological establish- 5 ment under the direct personal supervision of a licensed cosmetology 6 instructor, who shall have at least one (1)registeredlicensed 7 esthetician on-site in the specified cosmetological establishment for each 8 student being trained. 9 (d) Successfully passed the examination for esthetician given under the 10 direction of the board. 118. As an electrologist instructor: twelve (12) semester college credit12hours or equivalent, as approved by the board, or successful completion of an13examination required by board rules, and:14(a) Five (5) years' experience as a licensed electrologist; or15(b) Fewer than five (5) years' experience as a licensed electrologist and16completion of an adequate training program to be established by board17rule.18 SECTION 4. That Section 54-806, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 54-806. SCHOOLS AND ESTABLISHMENTS -- WHO MAY OPERATE --REGISTRATION21 LICENSURE -- MANAGEMENT. (1) Any person, firm, association or corporation may 22 own and operate a cosmetological establishment, provided that such establish- 23 ment has been dulyregisteredlicensed with the board and each establishment 24 maintains compliance with the requirements of section 54-803, Idaho Code. 25 (2) Any person, firm, association or corporation may own and operate a 26 school of cosmetology, provided that such school has been dulyregistered27 licensed with the board, and the school maintains the requirements specified 28 in section 54-808, Idaho Code. 29 SECTION 5. That Section 54-807, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 54-807. PRACTICE OF APPRENTICE. No licensed apprentice may practice inde- 32 pendently, buthemay do any and all acts necessary forhistraining as a cos- 33 metologist, nail technician, electrologist or esthetician providing the same 34 is done under the immediate personal supervision ofalicensed registered cos- 35 metologists, nail technicians, electrologists or estheticians inanlicensed 36 cosmetological establishments where one (1) of said registered cosmetologists, 37 nail technicians, electrologists or estheticians is a licensed instructor, and 38 only one (1) such apprentice shall be employed for each two (2) licensed reg- 39 istered cosmetologists, nail technicians, electrologists or estheticians in 40 any cosmetological establishment. Cosmetological establishments employing 41 apprentices shall keep a daily work record of the attendance of such appren- 42 tices and shall, upon the termination of such apprenticeship, certify to the 43 board the total number of hours worked and the types of instruction given the 44 apprentice. 45 SECTION 6. That Section 54-808, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 54-808. REGULATIONS FOR SCHOOLS. Every domestic school of cosmetology 48 must beregisteredlicensed under the provisions of this chapter and shall 49 meet the following standards and provisions: 6 1 (1.) Employ and maintain at least one (1) licensed instructor for every 2 fifteen (15) students or fraction thereof; 3 (2.) Possess sufficient apparatus and equipment for the proper and full 4 teaching of all subjects of its curriculum; 5 (3.) Keep a daily attendance record for each student; 6 (4.) Maintain regular class and instruction hours, establish grades, and 7 hold monthly examinations; 8 (5.) Prescribe a school term for training in all phases of the practice 9 of cosmetology; 10 (6.) Provideaapplicable curriculums embracing subjects covering the 11 scientific fundamentals for cosmetology, nail technology, esthetics, 12 electrology and instructors as follows: 13 (a) The curriculum for cosmetology shall include hygiene, bacteriology, 14 histology of the hair, skin, muscles, nails and nerves, structure of the 15 head, face and neck, elementary chemistry relating to sterilization and 16 antiseptics, diseases of the skin, hair, glands and nails, massaging and 17 manipulating the muscles of the body, permanent waving, haircutting and 18 arranging, dressing, coloring, bleaching and tinting of the hair,removal19of unwanted hair when approved by the board to teach electrology, and a20study of electricity as applied to cosmetology,a study of electricity as 21 applied to cosmetology, and the Idaho laws and rules governing the prac- 22 tice of cosmetology; 23 (b) The curriculum for nail technology shall include hygiene, bacteriol- 24 ogy, histology of the hands and feet, skin, muscles, nails and nerves, 25 structure of the hands and feet, elementary chemistry relating to steril- 26 ization and antiseptics, diseases of the skin, glands and nails, massaging 27 and manipulating the muscles of the hands and feet, a study of electricity 28 as applied to nail technology, and the Idaho laws and rules governing the 29 practice of nail technology; 30 (c) The curriculum for esthetics shall include hygiene, bacteriology, 31 histology of the skin, muscles and nerves, structure of the head, face and 32 neck, elementary chemistry relating to sterilization and antiseptics, dis- 33 eases of the skin, glands and nails, massaging and manipulating the mus- 34 cles of the body, a study of electricity as applied to cosmetology, and 35 the Idaho laws and rules governing the practice of esthetics; 36 (d) The curriculum for electrology shall include hygiene, bacteriology, 37 histology of the hair, skin, muscles, nails and nerves, structure of the 38 body, elementary chemistry relating to sterilization and antiseptics, dis- 39 eases of the skin, hair, glands and nails, hypertrichosis, permanent 40 removal of unwanted hair, a study of electricity as applied to electrology 41 including the use and study of galvanic current, and the use and study of 42 both automatic and manual high frequency current, and the Idaho laws and 43 rules governing the practice of electrology; 44 (e) The curriculum for instructors shall include fundamentals of adult 45 education, communication, preparation of lesson plans, practical and theo- 46 retical presentation and demonstration, use of teaching aids, measurement 47 and evaluation, and the Idaho laws and rules governing cosmetology and 48 electrology, in addition to teaching the acts prescribed in section 49 54-802, Idaho Code; 50 (7.) Denote with clarity that the establishment is a school and that work 51 is done by students. Such fact shall be made clear to the patron by signs con- 52 spicuously posted in the school and the adjoining shop, if any; 53 (8.) All instructors must be licensed instructors in this state; 54 (9.) Such school shall not permit any student or apprentice to receive 55 instruction unless licensed under the provisions of this chapter; 7 1 (10.) Every instructor shall devote his entire time during school or class 2 hours to that of instructing the students and shall not apply his time to that 3 of private or public practice; 4 (11.) School hours for the purpose of instruction shall be offered on not 5 less than a five (5) day week; 6 (12.) Training received in an establishment not meeting the requirements 7 for schools as herein set forth shall receive credit for said training as an 8 apprentice rather than as a student, provided said training meets the require- 9 ments for apprentice training; 10 (13.) All students, including those enrolled for instructor's training, 11 shall be registered by the school with the board, listing the name, age, and 12 qualifications of the student required for such training. Forms for such 13 enrollment may be provided by the board and a register of such enrollments 14 shall be maintained by the board. Hours of instruction shall be registered 15 with the board as established by boardregulationsrules, and a student may be 16 permitted to transfer the credits earned at one (1) school to another school 17 with permission of the board; 18 (14.) Training received in electrology in a school shall not be recognized 19 unless the school has been approved for such training by the board and the 20 school meets and maintains the requirements to train electrologists as estab- 21 lished by boardregulationsrules; 22 (15.) Training received in esthetics shall not be recognized unless the 23 school has been approved for such training by the board, and the school meets 24 and maintains the requirements to train estheticians as established by board 25 rules; 26 (16.) Training received in nail technology shall not be recognized unless 27 the school has been approved for such training by the board, and the school 28 meets and maintains the requirements to train nail technicians as established 29 by board rules; 30 (17.) Every school approved by the board shall deliver to the board, a 31 bond to the state of Idaho in a form approved by the board, and renew the same 32 annually, in the sum of five thousand dollars ($5,000) executed by a corporate 33 surety company duly authorized to do business in this state, conditioned that 34 such school shall continue to give its courses of instruction, in accordance 35 with the provisions of this chapter, until it has completed all such courses 36 for which students have enrolled, and conditioned that such school shall fully 37 comply with all promises or representations made to enrolled students as an 38 inducement to such students to enroll. Any student so enrolled who may be dam- 39 aged by reason of the failure of such school to comply with such conditions, 40 shall have a right of action in his or her own name, on such bonds, for such 41 damage. 42 SECTION 7. That Section 54-809, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 54-809. APPLICATIONS. Each applicant for a license shall: 45 (1.) Make application to the board onblankforms authorized by the board 46 and furnished thereby, such application to contain proof under oath by the 47 applicant of the particular qualifications of the applicant and contain the 48 names and addresses of three (3) character references. 49 (2.) Furnish to said board a3" x 3"passport photograph, bust only,of 50 the applicant taken within the year preceding the filing of the application, 51 together with a description of the applicant. 52 (3.) Pay to the board the required fee. 8 1 SECTION 8. That Section 54-810, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 54-810. EXAMINATIONS. Examinations shall be held at such times and places 4 as the board shall determine. The scope of the examinations and the methods of 5 procedure shall be prescribed by the board with special reference to the 6 applicant's general knowledge in the particular practices for which license is 7 sought, and the applicant's ability to perform the particular work satisfacto- 8 rily. Examinations shall include both a practical demonstration and written 9and oraltest. Applicants who fail to pass an examination as prescribed by 10 this chapter must supply written evidence of additional training before they 11 shall be eligible to take another examination. The amount of such additional 12 training and the nature of the proof required shall be prescribed by rules of 13 the board. Failure to appear for an examination, unless excused by the board, 14 shall cause an immediate forfeiture of the application fee, and terminate the 15 application. 16 SECTION 9. That Section 54-811, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 54-811. ISSUANCE OF CERTIFICATE AND LICENSE. The board shall issue a cer- 19 tificate of registrationorand a license to applicants who have successfully 20 met the qualificationstherefor, whichtherefore. The certificate shall be 21 signed by the members of the board. The issuance of acertificatelicense 22 shall be prima facie evidence that the holderthereof andnamedtherein23 thereon is entitled tofollowengage in the practices designated therein. A 24 registered cosmetologist may indicate this fact where his or her name or sig- 25 nature appears by placing the letters R.C. following his or her name. 26 SECTION 10. That Section 54-812, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 54-812. ENDORSEMENTCERTIFICATIONLICENSURE. The board, upon application 29 and the payment of the fee required therefore, may issue a license without 30 examination to any person who is at least eighteen (18) years of age and of 31 good moral character and temperate habits and who has completedtwo (2) years32ofa twelfth grade high school education or its equivalent and who holds a 33 certificate of qualification or license issued to him by the proper authority 34 of any state, territory or possession of the United States, or of a foreign 35 country, and either: 36 (1.)Holds a certificate of qualification or license issued to him by the37proper authority of any state, territory, or possession of the United States,38or of a foreign country, providedProvides official documentation that the 39 requirements for license under which the certificate was issued are of a stan- 40 dard not lower than those specified in this chapter, or 41 (2.)Holds a certificate of qualification or license issued to him by the42proper authority of any state, territory or possession of the United States,43or of a foreign country and upon proofProvides official documentation that 44 said person has practiced the pursuit for whichlicenselicensure is requested 45 for at least three (3) years immediately prior to such application. The board 46 shall evaluate the applications for license byreciprocityendorsement. No 47reciprocalendorsement license shall be issuedexcept bywithout the approval 48 of the board. 49 SECTION 11. That Section 54-814, Idaho Code, be, and the same is hereby 9 1 amended to read as follows: 2 54-814. DISPLAY OFCERTIFICATELICENSE. Every holder of acertificate of3registration orlicense shall display it in a conspicuous place in his or her 4 principal office, place of business, or employment. 5 SECTION 12. That Section 54-816, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 54-816. REFUSAL, REVOCATION OR SUSPENSION OFCERTIFICATEREGISTRATION OR 8 LICENSE. The board may either refuse to issue or renew, or may suspend or 9 revoke, or impose any other discipline upon anycertificate ofregistration or 10 license for any one (1) of the following causes: 11 (1.) Conviction of a felony evidenced by a certified copy of the record 12 of the court of conviction; 13 (2.) Malpractice or incompetency; 14 (3.) Continued practice by a person knowingly having an infectious or 15 contagious disease; 16 (4.) Advertising by means of knowingly false or deceptive statements; 17 (5.) Habitual intoxication or addiction to the use of morphine, cocaine, 18 or other habit-forming drugs; 19 (6.) Immoral or unprofessional conduct; 20 (7.) Where the application is fraudulently made or thecertificateregis- 21 tration or license fraudulently obtained; 22 (8.) The violation of any of the provisions of this act, or rules adopted 23 pursuant thereto. 24 (9.) The board may refuse to issue or renew acertificateregistration, 25 permit or license for a person who is in default in the repayment of any stu- 26 dent loan guaranteed or insured bythe student loan fund of Idaho, inc. or27otherwise issued by a financial institutiona state or the federal government 28 if, at the time the loan was incurred, the student is provided notice of the 29 power of the board to refuse to issue or renew acertificateregistration, 30 permit or license in the event of a default in the repayment, which notice 31 shall be in writing and acknowledged by the signature of the student six (6) 32 months prior to the refusal to issue or renew acertificateregistration, per- 33 mit or license. The board shall not renew thecertificateregistration, permit 34 or license until the person in default enters into a payment agreement with 35 thestudent loan fund of Idaho, inc. or thefinancial institution or its 36 assignee and the board isnotificednotified by thefund or thefinancial 37 institution or its assignee that the agreement is in effect and in compliance 38 with United States department of education regulations. 39 SECTION 13. That Section 54-817, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 54-817. HEARINGS. No refusal to renew, or the suspension or revocation 42 of, acertificate ofregistration, permit or license shall be made until the 43 person affected has been given an opportunity to be heard on charges preferred 44 in accordance with the provisions of chapter 52, title 67, Idaho Code. Such 45 charges shall be in writing, and shall be sworn to by the person making them, 46 and shall be filed with the board. 47 All charges, unless dismissed as unfounded or trivial, shall be heard 48 within four (4) months after the date on which they are received by the board. 49 All charges shall be heard by the board at such time and place as it shall 50 fix, and a copy of the charges, together with a notice of the time and place 10 1 of hearing, shall be personally served on, or sent by registered mail to the 2 last known address of such registrant at least twenty (20) days before the 3 date set for the hearing. At any hearing the accused registrant shall have the 4 right to appear personally or by counsel and to call witnesses in his own 5 defense. 6 The board may subpoena witnesses and compel their attendance, and also may 7 require the production of books, papers, documents, etc., in a case involving 8 the revocation or suspension of a license, permit or registration or the prac- 9 ticing or offering to practice without a license, permit or registration. If 10 any person shall refuse to obey any subpoena so issued, or shall refuse to 11 testify or produce any books, papers, or documents, the board may present its 12 petition to the district judge of the district in which the witness may be 13 found, setting forth the proceedings theretofore taken and briefly stating the 14 subject matter upon which the testimony of the witness is required; thereupon 15 such district judge may cause an order to be issued requiring such witness to 16 appear before the board to testify and to produce such books, papers, and 17 other documents as directed in the subpoena. Any person failing or refusing to 18 obey such order shall be punished as for contempt of court. 19 SECTION 14. That Section 54-818, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 54-818. FEES. The various fees to be paid by applicants for original reg- 22 istrations, original licenses, permits, annual renewals,certificates issued23upon reciprocity,fees for endorsement and examinations as required under this 24 chapter shall be fixed by administrative rules of the board in amounts not to 25 exceed the following: 26 (a1) Originalregistrationspermits, licenses, and annual renewals 27 thereof: 28 cosmetological establishment, originalregistrationlicense ...........$ 50.00 29 cosmetological establishment, annual renewals ......................... 50.00 30 retail cosmetics dealer, originalregistrationlicense ................ 50.00 31 retail cosmetics dealer, annual renewals .............................. 50.00 32 makeover or glamour photography business, originalregistrationlicense 33 ....................................................................... 50.00 34 makeover or glamour photography business, annual renewals ............. 50.00 35 domestic school of cosmetology, originalregistrationlicense ......... 500.00 36 domestic school of cosmetology, annual renewals ....................... 150.00 37 registered cosmetologist, original license/annual renewals ............ 50.00 38 nail technician, original license/annual renewals ..................... 50.00 39 apprentice, originallicensepermit (no renewal fees required) ........ 20.00 40 studentcertificateregistration (no renewal fees required) ........... 20.00 41 instructor, original license/annual renewals .......................... 50.00 42 student instructorcertificatepermit ................................. 25.00 43 electrologist, original license/annual renewals ....................... 50.00 44 esthetician, original license/annual renewals ......................... 50.00 45 endorsement fee ....................................................... 100.00 46interim certificate when endorsement denied, also constitutes examination47....................................................................... 75.0048 temporarylicensepermit topractice,demonstrate and teach .......... 10.00 49 (b2) Examination fees: 50 as a registered cosmetologist ...................................... $75100.00 51 as a nail technician ...............................................75100.00 52 as an instructorwhen required by board rule........................75100.00 53 as an electrologist ................................................75100.00 11 1 as an esthetician ..................................................75100.00 2 Fees shall not be prorated or returnable. 3All certificates expire December 31.4 SECTION 15. That Section 54-819, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 54-819. CERTAIN ACTS PROHIBITED. The following acts shall be unlawful and 7 punishable as a misdemeanor: 8 (1.) The violation of any of the provisions of this chapter; 9 (2.) Permitting any person in one's employ, supervision or control to 10 practice cosmetology or electrology or as an apprentice or student unless that 11 person has complied with the provisions of this act; 12 (3.) Obtaining or attempting to obtain acertificate ofregistration, 13 permit or license for money other than the required fee, or any other thing of 14 value, or by fraudulent misrepresentation; 15 (4.) Practicing or offering to practice any of the occupations defined in 16 this chapter, unless licensed as herein provided; 17 (5.) Maintaining or operating a cosmetological establishment, a retail 18 cosmetics dealer, or a school of cosmetology unlessregisteredsuch facility 19 is licensed as herein provided. 20 SECTION 16. That Section 54-827, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 54-827. PERMIT TOTEMPORARILY PRACTICE,DEMONSTRATE OR TEACH COSMETOLOGY. 23 (1) Upon application, and payment of the required fee, the board shall grant a 24 temporary permit authorizing a person to practice, demonstrate or teach cosme- 25 tology, or perform any one (1) or more of such functions in the following 26 instances: 27 (a)When a student or apprentice has completed his or her training, such28temporary permit to be valid only until said student or apprentice is29called by the board for examination and until the results of said examina-30tion are announced.31(b) When a person has applied for license by reciprocity, such temporary32permit to be valid only until such application is granted or, if denied,33until such person is called by the board for examination and until the34results of said examination are announced.35(c)When such permit is sought primarily for educational or demonstration 36 purposes and the person making application therefore is licensed or quali- 37 fied through proper documentation to practice or teach cosmetology in this 38 or any other state, territory, possession of the United States or foreign 39 country, and presents satisfactory evidence of that fact. When a permit is 40 issued for this purpose, it shall specify the time and place when and 41 where such educational demonstrations shall take place, and the permit 42 shall be limited to such time and place, and in no instance shall said 43 permit be for a period in excess of thirty (30) days. 44 (db) When a permit is requested for educational or demonstration purposes 45 by a licensed school on behalf of its students currently enrolled or a 46 licensed cosmetologist on behalf of an apprentice. When a permit is issued 47 for this purpose, it shall specify those students or apprentices eligible 48 to participate and the time and place of the education demonstration; and 49 the permit shall be limited to those individuals and time and place. In no 50 instance shall the permit be for a period in excess of seven (7) days. 51 (2) Facilities used for cosmetological services pursuant to a permit 12 1 obtained under subsection (1)(ca) or (1)(db) of this section shall be exempt 2 from the requirements for licensed establishments set forth in section 54-803 3 1., Idaho Code. However, the facility and permit holder shall observe and com- 4 ply with the inspection and sanitation requirements established by board rule.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Chase
Seconded by Callister
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 29
1 AMENDMENTS TO SECTION 3
2 On page 3 of the printed bill, in line 46, delete "two (2) years' a
3 twelfth grade" and insert: "two (2) years'".
4 On page 4, in line 26, delete "two (2) years of a twelfth grade" and
5 insert: "two (2) years of"; in line 28, delete "six" and insert: "four"; in
6 line 29, delete "(3600)" and insert: "(3400); in line 30, delete "one thou-
7 sand two" and insert: "eight", and also in line 30, delete "(61,200)" and
8 insert: "(6800); in line 40, delete "two (2) years of a twelfth grade" and
9 insert: "two (2) years of"; in line 54, delete "two (2) years of a twelfth
10 grade" and insert: "two (2) years of".
11 On page 5, in line 1, delete "six nine hundred (6900)" and insert: "six
12 hundred (600)"; and in line 3, delete "eight hundred (1,0800)" and insert:
13 "two hundred (1,0200)".
14 AMENDMENTS TO SECTION 10
15 On page 8, in line 31, delete "and temperate habits" and insert: "and tem-
16 perate habits", and also in line 31, delete "two (2) years" and insert: "two
17 (2) years"; in line 32, delete "of a twelfth grade high school education" and
18 insert: "of high school".
19 AMENDMENT TO SECTION 12
20 On page 9, in line 9, delete "or impose any other discipline upon"; in
21 line 22, delete "act" and insert: "act chapter"; and delete lines 24 through
22 38 and insert:
23 "9. The board may refuse to issue or renew a certificate or license for a
24 person who is in default in the repayment of any student loan guaranteed or
25 insured by the student loan fund of Idaho, inc. or otherwise issued by a
26 financial institution if, at the time the loan was incurred, the student is
27 provided notice of the power of the board to refuse to issue or renew a cer-
28 tificate or license in the event of a default in the repayment, which notice
29 shall be in writing and acknowledged by the signature of the student six (6)
30 months prior to the refusal to issue or renew a certificate or license. The
31 board shall not renew the certificate or license until the person in default
32 enters into a payment agreement with the student loan fund of Idaho, inc. or
33 the financial institution and the board is notificed by the fund or the finan-
34 cial institution that the agreement is in effect.".
35 CORRECTIONS TO TITLE
36 On page 1, in line 20, delete "TO BROADEN DISCIPLINARY"; in line 21,
37 delete "AUTHORITY, TO CLARIFY BASIS FOR DISCIPLINE" and insert: "TO DELETE
38 REFERENCES TO CERTIFICATES, TO PROVIDE REFERENCES TO LICENSES AND REGISTRA-
39 TION, TO DELETE LANGUAGE RELATING TO THE REFUSAL TO ISSUE OR RENEW CERTIFI-
40 CATES OR LICENSES BASED UPON A DEFAULT IN THE REPAYMENT OF CERTAIN STUDENT
2
1 LOANS".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 29, As Amended BY MR. SPEAKER Requested by: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO COSMETOLOGY; AMENDING SECTION 54-801, IDAHO CODE, TO ADD 3 ELECTROLOGY AS A LICENSED DISCIPLINE; AMENDING SECTION 54-802, IDAHO CODE, 4 TO REVISE DEFINITIONS, TO ADD DEFINITIONS FOR "NAIL TECHNOLOGY INSTRUCTOR" 5 AND "ESTHETICS INSTRUCTOR" AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 6 SECTION 54-805, IDAHO CODE, TO PROVIDE REQUIREMENTS FOR LICENSURE AND TO 7 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-806, IDAHO CODE, TO PRO- 8 VIDE LICENSURE FOR SCHOOLS AND ESTABLISHMENTS; AMENDING SECTION 54-807, 9 IDAHO CODE, TO PROVIDE REQUIREMENTS FOR PRACTICE OF APPRENTICES AND TO 10 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-808, IDAHO CODE, TO PRO- 11 VIDE REGULATIONS FOR SCHOOLS, TO REQUIRE LICENSING FOR SCHOOLS, TO PROVIDE 12 FOR CURRICULUMS FOR SCHOOLS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 13 SECTION 54-809, IDAHO CODE, TO REQUIRE A PASSPORT PHOTOGRAPH AND ADDRESSES 14 OF CHARACTER REFERENCES TO ACCOMPANY AN APPLICATION FOR EXAMINATION AND TO 15 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-810, IDAHO CODE, TO DELETE 16 A REFERENCE TO AN ORAL TEST; AMENDING SECTION 54-811, IDAHO CODE, TO PRO- 17 VIDE FOR ISSUANCE OF A LICENSE; AMENDING SECTION 54-812, IDAHO CODE, TO 18 PROVIDE REQUIREMENTS FOR ENDORSEMENT LICENSURE AND TO MAKE TECHNICAL COR- 19 RECTIONS; AMENDING SECTION 54-814, IDAHO CODE, TO REQUIRE DISPLAY OF 20 LICENSE; AMENDING SECTION 54-816, IDAHO CODE, TO DELETE REFERENCES TO CER- 21 TIFICATES, TO PROVIDE REFERENCES TO LICENSES AND REGISTRATION, TO DELETE 22 LANGUAGE RELATING TO THE REFUSAL TO ISSUE OR RENEW CERTIFICATES OR 23 LICENSES BASED UPON A DEFAULT IN THE REPAYMENT OF CERTAIN STUDENT LOANS 24 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-817, IDAHO CODE, TO 25 PROVIDE FOR HEARINGS ON REFUSAL TO RENEW, SUSPENSION OR REVOCATION OF PER- 26 MITS; AMENDING SECTION 54-818, IDAHO CODE, TO PROVIDE FOR AN INCREASE IN 27 CERTAIN FEES, TO PROVIDE REFERENCE TO LICENSES AND PERMITS, TO DELETE REF- 28 ERENCE TO INTERIM CERTIFICATES, TO DELETE AN EXPIRATION DATE AND TO MAKE 29 TECHNICAL CORRECTIONS; AMENDING SECTION 54-819, IDAHO CODE, TO PROVIDE 30 CERTAIN PROHIBITED ACTS AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING 31 SECTION 54-827, IDAHO CODE, TO PROVIDE QUALIFICATIONS FOR A PERMIT TO 32 DEMONSTRATE AND TEACH AND TO DELETE TEMPORARY PRACTICE PERMITS. 33 Be It Enacted by the Legislature of the State of Idaho: 34 SECTION 1. That Section 54-801, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 54-801. DECLARATION OF POLICY. In order to safeguard the public health, 37 safety and welfare, every person practicing or offering to practice cosmetol- 38 ogy or electrology, as hereinafter defined, shall submit evidence of his qual- 39 ifications and be licensed as hereinafter provided; and it shall be unlawful 40 for any person to practice or offer to practice cosmetology or electrology, or 41 to use in connection with his name or otherwise assume, use, or advertise any 42 title or description tending to convey the impression that he is a licensed 43 cosmetologist or electrologist, unless such person has been duly licensed 2 1 under the provisions of this chapter and any amendments thereto; and it shall 2 be unlawful for any person to operate a cosmetological establishment or school 3 of cosmetology unless such cosmetological establishment or school of cosmetol- 4 ogy has been dulyregisteredlicensed for such purpose as hereinafter pro- 5 vided. 6 SECTION 2. That Section 54-802, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 54-802. DEFINITIONS. For the purpose of this chapter, the following defi- 9 nitions shall apply: 10 (a1) "Cosmetology" shall constitute any one (1) or combination of the 11 following practices when done upon the human body for cosmetic purposes and 12 not for the treatment of disease or physical or mental ailments: 131.(a) Cutting, trimming, arranging, dressing, curling, waving by any 14 method, cleansing, singeing, bleaching, coloring, or similar work upon the 15 hair. 162.(b) Applying cosmetic preparations, antiseptics, tonics, lotions or 17 creams, or massaging, cleansing, exercising, beautifying, or similar 18 applications or work upon the scalp, face, neck, arms, hands, busts, or 19 other parts of the body. 203.(c) Manicuring, pedicuring the nails, and the application of artificial 21 nails. 22 (b2) "Registered cosmetologist" shall mean any person licensed to prac- 23 tice cosmetology. 24 (c3) "Nail technology" shall constitute any one (1) or more of the fol- 25 lowing practices when done upon the human body: 261.(a) Manicuring, pedicuring the nails, and the application of all forms 27 of artificial nails. 282.(b) Massage of the hands and feet. 29 (d4) "Nail technician" shall mean any licensed person whose practice of 30 cosmetology is limited to nail technology. 31 (e5) "Nail technology instructor" shall mean a nail technologist who is 32 licensed to teach nail technology or any practice thereof in a school of cos- 33 metology. 34 (6) "Apprentice" shall mean any personwho is engagedregistered with the 35 board to engage in the learning or acquiring of any or all of the practices of 36 cosmetology in a licensed cosmetological establishment, and while so learning 37 performs or assists in any of the practices of cosmetology. 38 (f7) "Student" shall mean any personwho is engagedregistered with the 39 board to engage in the learning or acquiring of any or all of the practices of 40 cosmetology in aregisteredlicensed school of cosmetology, and while so 41 learning performs or assists in any of the practices of cosmetology. 42 (g8) "Instructor" shall mean a cosmetologist whoteachesis licensed to 43 teach cosmetology or any practices thereof in a school of cosmetology,or44 school or college of barbering, or cosmetology establishment meeting the 45 requirements for apprenticeship training. 46 (h9) "Student instructor" shall mean a cosmetologist who isreceiving47 registered with the board in a school of cosmetology to receive training to 48 teach cosmetology. 49 (i10) "Cosmetological establishment" shall mean any licensed place or part 50 thereof other than a school of cosmetology wherein cosmetology is practiced. 51 (j11) "School of cosmetology" shall mean any licensed place or part 52 thereof wherein cosmetology is taught to students. 53 (k12) "Board" means the Idaho board of cosmetology. 3 1 (l13) "Department" means the Idaho department of self-governing agencies. 2 (m14) "Chapter" as used in this act refers to chapter 8, title 54, Idaho 3 Code. 4 (n15) "Electrologist" means any person licensed to practice electrology 5 and who is skilled in the permanent removal of unwanted hair. 6 (o16) "Electrolysis or electrology" means the permanent removal of hair by 7 destroying the hair producing cells of the skin and vascular system using 8 equipment and devices approved by and registered with the United States food 9 and drug administration. 10 (p17) "Esthetics" shall constitute any one (1) or combination of the fol- 11 lowing practices when done on the human body: 121.(a) Applying cosmetic preparations, antiseptics, tonics, lotions or 13 creams, or massaging, cleansing, exercising, beautifying or similar appli- 14 cations of work to the human body. 152.(b) Nonpermanent hair removal by tweezing or waxing. 16 (q18) "Esthetician" means any person licensed to practice esthetics. 17 (19) "Esthetics instructor" shall mean an esthetician who is licensed to 18 teach esthetics or any practice thereof in a school of cosmetology approved to 19 teach esthetics. 20 (r20) "Electrologist instructor" shall meansan electrologist whoteaches21 is licensed to teach electrology or any practices thereof in a school of cos- 22 metology approved to teach electrology. 23 (s21) "Student electrologist instructor" shall mean an electrologist who 24 isreceivingregistered with the board in a school of cosmetology approved to 25 teach electrology to receive training to teach electrology. 26 (t22) "Makeover or glamour photography business" means any business 27 engaged in the offering of photographic services to the general public and 28 whose employees engage in the facial application of cosmetic products or the 29 arranging of the hair of customers in connection with the sale, or attempted 30 sale, of photographic services. 31 (u23) "Retail cosmetics dealer" means a fixed retail business which offers 32 cosmetic products for sale at retail to members of the general public and 33 whose employees engage in the facial application of cosmetic products to cus- 34 tomers in connection with the sale, or attempted sale, of the products without 35 compensation from the customer other than the regular price of the merchan- 36 dise. 37 (v24) "Demonstration, competition or production" means an organized event 38 of limited duration where cosmetology services may be performed, if sponsored 39 by a salon, school of cosmetology or cosmetology-related organization. 40 SECTION 3. That Section 54-805, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 54-805. REQUIREMENTS FOR LICENSE. Except as herein otherwise provided, 43 the following shall be considered minimum requirements for license in the 44 respective categories, and all applicants shall be of good moral character 45 and temperate habits: 46 (1.) As a registered cosmetologist: 47 (a) Be sixteen and one-half (16 1/2) years of age. 48 (b) Completion of two (2) years' high school education or its equivalent. 49 (bc) Graduation from and completion of a two thousand (2,000) hour course 50 of instruction in a school of cosmetology, or a four thousand (4,000) hour 51 course of instruction as an apprentice covering all phases of the practice 52 of cosmetology. 53 (cd) Successful passage of the examination for cosmetologist given under 4 1 the direction of the board. 2 (2.) As an instructor of cosmetology, nail technology, esthetics or 3 electrology: twelve (12) semester college credit hours or equivalent as 4 approved by the board or successful completion of the examination required by 5 board rules, and 6 (a) One (1) year's experience as a licensed cosmetologist, nail technolo- 7 gist, esthetician or electrologist in a registered cosmetological estab- 8 lishment or school and a six (6) months teacher's course of instruction in 9 a school of cosmetology, or 10 (b) Two (2) years' experience as a licensed cosmetologist, nail technolo- 11 gist, esthetician or electrologist in a registered cosmetological estab- 12 lishment and a three (3) months teacher's course of instruction in a 13 school of cosmetology, or 14 (c) Five (5) years' experience as a licensed cosmetologist, nail tech- 15 nologist, esthetician or electrologist immediately preceding the applica- 16 tion for license., and17 (3.) As a student: 18 (a) Be sixteen and one-half (16 1/2) years of age. 19 (b) Have completed at least two (2) years of high school education or its 20 equivalent. 21 (4.) As an apprentice: 22 (a) Be sixteen and one-half (16 1/2) years of age. 23 (b) Have completed at least two (2) years of high school education or its 24 equivalent. 25 (5.) As a nail technician: 26 (a) Be sixteen and one-half (16 1/2) years of age. 27 (b) Have completed at least two (2) years of high school education or its 28 equivalent. 29 (c) Have completed and graduated from at least athreefour hundred 30 (3400) hour course of instruction and graduated from such training in a 31 board approved school, or asixeight hundred (6800) hour course of 32 instruction as an apprentice inanya specified cosmetological establish- 33 ment under the direct personal supervision of a licensed cosmetology 34 instructor, who shall have at least one (1)registeredlicensed nail tech- 35 nician on-site in the specified cosmetological establishment for each stu- 36 dent being trained. 37 (d) Successful passage of the examination for nail technician given under 38 the direction of the board. 39 (6.) As an electrologist: 40 (a) Be sixteen and one-half (16 1/2) years of age. 41 (b) Have completed at least two (2) years of high school education or its 42 equivalent. 43 (c) Have completed and graduated from at least an eight hundred (800) 44 hour course of instructionforand graduated from such training in a 45 school approved by the board to teach electrology, or asixteenone thou- 46 sand six hundred (1,600) hour course of instruction as an apprentice in a 47 specified cosmetological establishment under the direct personal supervi- 48 sion of a licensed electrologist instructor, who shall have at least one 49 (1) licensed electrologist on-site in the specified cosmetological estab- 50 lishment as established by board rules. 51 (d) Successfully passed the examination for electrologist given under the 52 direction of the board. 53 (7.) As an esthetician: 54 (a) Be sixteen and one-half (16 1/2) years of age. 55 (b) Have completed at least two (2) years of high school education or its 5 1 equivalent. 2 (c) Have completed and graduated from at least a six hundred (600) hour 3 course of instruction for such in a school approved by the board to teach 4 esthetics or a one thousand two hundred (1,0200) hour course of instruc- 5 tion as an apprentice inanya specified cosmetological establishment 6 under the direct personal supervision of a licensed cosmetology instruc- 7 tor, who shall have at least one (1)registeredlicensed esthetician on- 8 site in the specified cosmetological establishment for each student being 9 trained. 10 (d) Successfully passed the examination for esthetician given under the 11 direction of the board. 128. As an electrologist instructor: twelve (12) semester college credit13hours or equivalent, as approved by the board, or successful completion of an14examination required by board rules, and:15(a) Five (5) years' experience as a licensed electrologist; or16(b) Fewer than five (5) years' experience as a licensed electrologist and17completion of an adequate training program to be established by board18rule.19 SECTION 4. That Section 54-806, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 54-806. SCHOOLS AND ESTABLISHMENTS -- WHO MAY OPERATE --REGISTRATION22 LICENSURE -- MANAGEMENT. (1) Any person, firm, association or corporation may 23 own and operate a cosmetological establishment, provided that such establish- 24 ment has been dulyregisteredlicensed with the board and each establishment 25 maintains compliance with the requirements of section 54-803, Idaho Code. 26 (2) Any person, firm, association or corporation may own and operate a 27 school of cosmetology, provided that such school has been dulyregistered28 licensed with the board, and the school maintains the requirements specified 29 in section 54-808, Idaho Code. 30 SECTION 5. That Section 54-807, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 54-807. PRACTICE OF APPRENTICE. No licensed apprentice may practice inde- 33 pendently, buthemay do any and all acts necessary forhistraining as a cos- 34 metologist, nail technician, electrologist or esthetician providing the same 35 is done under the immediate personal supervision ofalicensed registered cos- 36 metologists, nail technicians, electrologists or estheticians inanlicensed 37 cosmetological establishments where one (1) of said registered cosmetologists, 38 nail technicians, electrologists or estheticians is a licensed instructor, and 39 only one (1) such apprentice shall be employed for each two (2) licensed reg- 40 istered cosmetologists, nail technicians, electrologists or estheticians in 41 any cosmetological establishment. Cosmetological establishments employing 42 apprentices shall keep a daily work record of the attendance of such appren- 43 tices and shall, upon the termination of such apprenticeship, certify to the 44 board the total number of hours worked and the types of instruction given the 45 apprentice. 46 SECTION 6. That Section 54-808, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 54-808. REGULATIONS FOR SCHOOLS. Every domestic school of cosmetology 49 must beregisteredlicensed under the provisions of this chapter and shall 6 1 meet the following standards and provisions: 2 (1.) Employ and maintain at least one (1) licensed instructor for every 3 fifteen (15) students or fraction thereof; 4 (2.) Possess sufficient apparatus and equipment for the proper and full 5 teaching of all subjects of its curriculum; 6 (3.) Keep a daily attendance record for each student; 7 (4.) Maintain regular class and instruction hours, establish grades, and 8 hold monthly examinations; 9 (5.) Prescribe a school term for training in all phases of the practice 10 of cosmetology; 11 (6.) Provideaapplicable curriculums embracing subjects covering the 12 scientific fundamentals for cosmetology, nail technology, esthetics, 13 electrology and instructors as follows: 14 (a) The curriculum for cosmetology shall include hygiene, bacteriology, 15 histology of the hair, skin, muscles, nails and nerves, structure of the 16 head, face and neck, elementary chemistry relating to sterilization and 17 antiseptics, diseases of the skin, hair, glands and nails, massaging and 18 manipulating the muscles of the body, permanent waving, haircutting and 19 arranging, dressing, coloring, bleaching and tinting of the hair,removal20of unwanted hair when approved by the board to teach electrology, and a21study of electricity as applied to cosmetology,a study of electricity as 22 applied to cosmetology, and the Idaho laws and rules governing the prac- 23 tice of cosmetology; 24 (b) The curriculum for nail technology shall include hygiene, bacteriol- 25 ogy, histology of the hands and feet, skin, muscles, nails and nerves, 26 structure of the hands and feet, elementary chemistry relating to steril- 27 ization and antiseptics, diseases of the skin, glands and nails, massaging 28 and manipulating the muscles of the hands and feet, a study of electricity 29 as applied to nail technology, and the Idaho laws and rules governing the 30 practice of nail technology; 31 (c) The curriculum for esthetics shall include hygiene, bacteriology, 32 histology of the skin, muscles and nerves, structure of the head, face and 33 neck, elementary chemistry relating to sterilization and antiseptics, dis- 34 eases of the skin, glands and nails, massaging and manipulating the mus- 35 cles of the body, a study of electricity as applied to cosmetology, and 36 the Idaho laws and rules governing the practice of esthetics; 37 (d) The curriculum for electrology shall include hygiene, bacteriology, 38 histology of the hair, skin, muscles, nails and nerves, structure of the 39 body, elementary chemistry relating to sterilization and antiseptics, dis- 40 eases of the skin, hair, glands and nails, hypertrichosis, permanent 41 removal of unwanted hair, a study of electricity as applied to electrology 42 including the use and study of galvanic current, and the use and study of 43 both automatic and manual high frequency current, and the Idaho laws and 44 rules governing the practice of electrology; 45 (e) The curriculum for instructors shall include fundamentals of adult 46 education, communication, preparation of lesson plans, practical and theo- 47 retical presentation and demonstration, use of teaching aids, measurement 48 and evaluation, and the Idaho laws and rules governing cosmetology and 49 electrology, in addition to teaching the acts prescribed in section 50 54-802, Idaho Code; 51 (7.) Denote with clarity that the establishment is a school and that work 52 is done by students. Such fact shall be made clear to the patron by signs con- 53 spicuously posted in the school and the adjoining shop, if any; 54 (8.) All instructors must be licensed instructors in this state; 55 (9.) Such school shall not permit any student or apprentice to receive 7 1 instruction unless licensed under the provisions of this chapter; 2 (10.) Every instructor shall devote his entire time during school or class 3 hours to that of instructing the students and shall not apply his time to that 4 of private or public practice; 5 (11.) School hours for the purpose of instruction shall be offered on not 6 less than a five (5) day week; 7 (12.) Training received in an establishment not meeting the requirements 8 for schools as herein set forth shall receive credit for said training as an 9 apprentice rather than as a student, provided said training meets the require- 10 ments for apprentice training; 11 (13.) All students, including those enrolled for instructor's training, 12 shall be registered by the school with the board, listing the name, age, and 13 qualifications of the student required for such training. Forms for such 14 enrollment may be provided by the board and a register of such enrollments 15 shall be maintained by the board. Hours of instruction shall be registered 16 with the board as established by boardregulationsrules, and a student may be 17 permitted to transfer the credits earned at one (1) school to another school 18 with permission of the board; 19 (14.) Training received in electrology in a school shall not be recognized 20 unless the school has been approved for such training by the board and the 21 school meets and maintains the requirements to train electrologists as estab- 22 lished by boardregulationsrules; 23 (15.) Training received in esthetics shall not be recognized unless the 24 school has been approved for such training by the board, and the school meets 25 and maintains the requirements to train estheticians as established by board 26 rules; 27 (16.) Training received in nail technology shall not be recognized unless 28 the school has been approved for such training by the board, and the school 29 meets and maintains the requirements to train nail technicians as established 30 by board rules; 31 (17.) Every school approved by the board shall deliver to the board, a 32 bond to the state of Idaho in a form approved by the board, and renew the same 33 annually, in the sum of five thousand dollars ($5,000) executed by a corporate 34 surety company duly authorized to do business in this state, conditioned that 35 such school shall continue to give its courses of instruction, in accordance 36 with the provisions of this chapter, until it has completed all such courses 37 for which students have enrolled, and conditioned that such school shall fully 38 comply with all promises or representations made to enrolled students as an 39 inducement to such students to enroll. Any student so enrolled who may be dam- 40 aged by reason of the failure of such school to comply with such conditions, 41 shall have a right of action in his or her own name, on such bonds, for such 42 damage. 43 SECTION 7. That Section 54-809, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 54-809. APPLICATIONS. Each applicant for a license shall: 46 (1.) Make application to the board onblankforms authorized by the board 47 and furnished thereby, such application to contain proof under oath by the 48 applicant of the particular qualifications of the applicant and contain the 49 names and addresses of three (3) character references. 50 (2.) Furnish to said board a3" x 3"passport photograph, bust only,of 51 the applicant taken within the year preceding the filing of the application, 52 together with a description of the applicant. 53 (3.) Pay to the board the required fee. 8 1 SECTION 8. That Section 54-810, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 54-810. EXAMINATIONS. Examinations shall be held at such times and places 4 as the board shall determine. The scope of the examinations and the methods of 5 procedure shall be prescribed by the board with special reference to the 6 applicant's general knowledge in the particular practices for which license is 7 sought, and the applicant's ability to perform the particular work satisfacto- 8 rily. Examinations shall include both a practical demonstration and written 9and oraltest. Applicants who fail to pass an examination as prescribed by 10 this chapter must supply written evidence of additional training before they 11 shall be eligible to take another examination. The amount of such additional 12 training and the nature of the proof required shall be prescribed by rules of 13 the board. Failure to appear for an examination, unless excused by the board, 14 shall cause an immediate forfeiture of the application fee, and terminate the 15 application. 16 SECTION 9. That Section 54-811, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 54-811. ISSUANCE OF CERTIFICATE AND LICENSE. The board shall issue a cer- 19 tificate of registrationorand a license to applicants who have successfully 20 met the qualificationstherefor, whichtherefore. The certificate shall be 21 signed by the members of the board. The issuance of acertificatelicense 22 shall be prima facie evidence that the holderthereof andnamedtherein23 thereon is entitled tofollowengage in the practices designated therein. A 24 registered cosmetologist may indicate this fact where his or her name or sig- 25 nature appears by placing the letters R.C. following his or her name. 26 SECTION 10. That Section 54-812, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 54-812. ENDORSEMENTCERTIFICATIONLICENSURE. The board, upon application 29 and the payment of the fee required therefore, may issue a license without 30 examination to any person who is at least eighteen (18) years of age and of 31 good moral characterand temperate habitsand who has completed two (2) years 32 of high school or its equivalent and who holds a certificate of qualification 33 or license issued to him by the proper authority of any state, territory or 34 possession of the United States, or of a foreign country, and either: 35 (1.)Holds a certificate of qualification or license issued to him by the36proper authority of any state, territory, or possession of the United States,37or of a foreign country, providedProvides official documentation that the 38 requirements for license under which the certificate was issued are of a stan- 39 dard not lower than those specified in this chapter, or 40 (2.)Holds a certificate of qualification or license issued to him by the41proper authority of any state, territory or possession of the United States,42or of a foreign country and upon proofProvides official documentation that 43 said person has practiced the pursuit for whichlicenselicensure is requested 44 for at least three (3) years immediately prior to such application. The board 45 shall evaluate the applications for license byreciprocityendorsement. No 46reciprocalendorsement license shall be issuedexcept bywithout the approval 47 of the board. 48 SECTION 11. That Section 54-814, Idaho Code, be, and the same is hereby 49 amended to read as follows: 9 1 54-814. DISPLAY OFCERTIFICATELICENSE. Every holder of acertificate of2registration orlicense shall display it in a conspicuous place in his or her 3 principal office, place of business, or employment. 4 SECTION 12. That Section 54-816, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 54-816. REFUSAL, REVOCATION OR SUSPENSION OFCERTIFICATEREGISTRATION OR 7 LICENSE. The board may either refuse to issue or renew, or may suspend or 8 revoke, anycertificate ofregistration or license for any one (1) of the fol- 9 lowing causes: 10 (1.) Conviction of a felony evidenced by a certified copy of the record 11 of the court of conviction; 12 (2.) Malpractice or incompetency; 13 (3.) Continued practice by a person knowingly having an infectious or 14 contagious disease; 15 (4.) Advertising by means of knowingly false or deceptive statements; 16 (5.) Habitual intoxication or addiction to the use of morphine, cocaine, 17 or other habit-forming drugs; 18 (6.) Immoral or unprofessional conduct; 19 (7.) Where the application is fraudulently made or thecertificateregis- 20 tration or license fraudulently obtained; 21 (8.) The violation of any of the provisions of thisactchapter, or rules 22 adopted pursuant thereto. 239. The board may refuse to issue or renew a certificate or license for a24person who is in default in the repayment of any student loan guaranteed or25insured by the student loan fund of Idaho, inc. or otherwise issued by a26financial institution if, at the time the loan was incurred, the student is27provided notice of the power of the board to refuse to issue or renew a cer-28tificate or license in the event of a default in the repayment, which notice29shall be in writing and acknowledged by the signature of the student six (6)30months prior to the refusal to issue or renew a certificate or license. The31board shall not renew the certificate or license until the person in default32enters into a payment agreement with the student loan fund of Idaho, inc. or33the financial institution and the board is notificed by the fund or the finan-34cial institution that the agreement is in effect.35 SECTION 13. That Section 54-817, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 54-817. HEARINGS. No refusal to renew, or the suspension or revocation 38 of, acertificate ofregistration, permit or license shall be made until the 39 person affected has been given an opportunity to be heard on charges preferred 40 in accordance with the provisions of chapter 52, title 67, Idaho Code. Such 41 charges shall be in writing, and shall be sworn to by the person making them, 42 and shall be filed with the board. 43 All charges, unless dismissed as unfounded or trivial, shall be heard 44 within four (4) months after the date on which they are received by the board. 45 All charges shall be heard by the board at such time and place as it shall 46 fix, and a copy of the charges, together with a notice of the time and place 47 of hearing, shall be personally served on, or sent by registered mail to the 48 last known address of such registrant at least twenty (20) days before the 49 date set for the hearing. At any hearing the accused registrant shall have the 50 right to appear personally or by counsel and to call witnesses in his own 51 defense. 10 1 The board may subpoena witnesses and compel their attendance, and also may 2 require the production of books, papers, documents, etc., in a case involving 3 the revocation or suspension of a license, permit or registration or the prac- 4 ticing or offering to practice without a license, permit or registration. If 5 any person shall refuse to obey any subpoena so issued, or shall refuse to 6 testify or produce any books, papers, or documents, the board may present its 7 petition to the district judge of the district in which the witness may be 8 found, setting forth the proceedings theretofore taken and briefly stating the 9 subject matter upon which the testimony of the witness is required; thereupon 10 such district judge may cause an order to be issued requiring such witness to 11 appear before the board to testify and to produce such books, papers, and 12 other documents as directed in the subpoena. Any person failing or refusing to 13 obey such order shall be punished as for contempt of court. 14 SECTION 14. That Section 54-818, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 54-818. FEES. The various fees to be paid by applicants for original reg- 17 istrations, original licenses, permits, annual renewals,certificates issued18upon reciprocity,fees for endorsement and examinations as required under this 19 chapter shall be fixed by administrative rules of the board in amounts not to 20 exceed the following: 21 (a1) Originalregistrationspermits, licenses, and annual renewals 22 thereof: 23 cosmetological establishment, originalregistrationlicense ...........$ 50.00 24 cosmetological establishment, annual renewals ......................... 50.00 25 retail cosmetics dealer, originalregistrationlicense ................ 50.00 26 retail cosmetics dealer, annual renewals .............................. 50.00 27 makeover or glamour photography business, originalregistrationlicense 28 ....................................................................... 50.00 29 makeover or glamour photography business, annual renewals ............. 50.00 30 domestic school of cosmetology, originalregistrationlicense ......... 500.00 31 domestic school of cosmetology, annual renewals ....................... 150.00 32 registered cosmetologist, original license/annual renewals ............ 50.00 33 nail technician, original license/annual renewals ..................... 50.00 34 apprentice, originallicensepermit (no renewal fees required) ........ 20.00 35 studentcertificateregistration (no renewal fees required) ........... 20.00 36 instructor, original license/annual renewals .......................... 50.00 37 student instructorcertificatepermit ................................. 25.00 38 electrologist, original license/annual renewals ....................... 50.00 39 esthetician, original license/annual renewals ......................... 50.00 40 endorsement fee ....................................................... 100.00 41interim certificate when endorsement denied, also constitutes examination42....................................................................... 75.0043 temporarylicensepermit topractice,demonstrate and teach .......... 10.00 44 (b2) Examination fees: 45 as a registered cosmetologist ...................................... $75100.00 46 as a nail technician ...............................................75100.00 47 as an instructorwhen required by board rule........................75100.00 48 as an electrologist ................................................75100.00 49 as an esthetician ..................................................75100.00 50 Fees shall not be prorated or returnable. 51All certificates expire December 31.52 SECTION 15. That Section 54-819, Idaho Code, be, and the same is hereby 11 1 amended to read as follows: 2 54-819. CERTAIN ACTS PROHIBITED. The following acts shall be unlawful and 3 punishable as a misdemeanor: 4 (1.) The violation of any of the provisions of this chapter; 5 (2.) Permitting any person in one's employ, supervision or control to 6 practice cosmetology or electrology or as an apprentice or student unless that 7 person has complied with the provisions of this act; 8 (3.) Obtaining or attempting to obtain acertificate ofregistration, 9 permit or license for money other than the required fee, or any other thing of 10 value, or by fraudulent misrepresentation; 11 (4.) Practicing or offering to practice any of the occupations defined in 12 this chapter, unless licensed as herein provided; 13 (5.) Maintaining or operating a cosmetological establishment, a retail 14 cosmetics dealer, or a school of cosmetology unlessregisteredsuch facility 15 is licensed as herein provided. 16 SECTION 16. That Section 54-827, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 54-827. PERMIT TOTEMPORARILY PRACTICE,DEMONSTRATE OR TEACH COSMETOLOGY. 19 (1) Upon application, and payment of the required fee, the board shall grant a 20 temporary permit authorizing a person to practice, demonstrate or teach cosme- 21 tology, or perform any one (1) or more of such functions in the following 22 instances: 23 (a)When a student or apprentice has completed his or her training, such24temporary permit to be valid only until said student or apprentice is25called by the board for examination and until the results of said examina-26tion are announced.27(b) When a person has applied for license by reciprocity, such temporary28permit to be valid only until such application is granted or, if denied,29until such person is called by the board for examination and until the30results of said examination are announced.31(c)When such permit is sought primarily for educational or demonstration 32 purposes and the person making application therefore is licensed or quali- 33 fied through proper documentation to practice or teach cosmetology in this 34 or any other state, territory, possession of the United States or foreign 35 country, and presents satisfactory evidence of that fact. When a permit is 36 issued for this purpose, it shall specify the time and place when and 37 where such educational demonstrations shall take place, and the permit 38 shall be limited to such time and place, and in no instance shall said 39 permit be for a period in excess of thirty (30) days. 40 (db) When a permit is requested for educational or demonstration purposes 41 by a licensed school on behalf of its students currently enrolled or a 42 licensed cosmetologist on behalf of an apprentice. When a permit is issued 43 for this purpose, it shall specify those students or apprentices eligible 44 to participate and the time and place of the education demonstration; and 45 the permit shall be limited to those individuals and time and place. In no 46 instance shall the permit be for a period in excess of seven (7) days. 47 (2) Facilities used for cosmetological services pursuant to a permit 48 obtained under subsection (1)(ca) or (1)(db) of this section shall be exempt 49 from the requirements for licensed establishments set forth in section 54-803 50 1., Idaho Code. However, the facility and permit holder shall observe and com- 51 ply with the inspection and sanitation requirements established by board rule.
STATEMENT OF PURPOSE
RS 10486
Currently only licensed cosmetologists and electrologists
can obtain instructor licenses. This change will allow nail
and esthetician licensees to be come licensed as instructors.
Raising the minimum education level for licensure will require
prospective licensees to completea high school education
equivalent before becoming eligible for licensure. The minimum
education level for registration as a student is not being
raised, which will allow enrollment in cosmetology school
while completing the high school education requirement. Raising
the required hours of instruction required for esthetics licensure
by 300 hours (800 hours for apprentice instruction), and for
nail technology licensure by 300 hours (600 hours for apprentice
instruction) will provide the time necessary to obtain the
training required for minimum competency. The curriculum
language clarifies the requirement for schools to provide
curriculums for each of the training disciplines offered by
the cosmetology schools, and that schools must provide training
in the laws and rules of cosmetology.Applicants currently
provide character references. The requirement to include
addresses will make it possible for the board to request
reference information. Currently only persons licensed in
another state may apply for endorsement. The change would
allow the application and licensure of those qualified to
practice in other countries as well. An increase in the
examination fee cap will allow a fee increase by rule to provide
funds for the costs associated with same day scoring of the
practical exam and increased national test fees. This legislative
change will also allow 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). The
law currently allows temporary practice permits for those who
have completed training but have not passed the licensure exam.
These permits were necessary when the exam was offered only
every three months. These permits are no longer necessary as the
exam is now offered monthly, and the written exam is offered daily
by computer. The miscellaneous references are for the purposes
of clarification in the statutes.
FISCAL IMPACT
There is no fiscal impact to the general fund. An increase in
the examination fee cap from $75 to $100 to be established by
board rule in dedicated funds, will provide funds for the costs
associated with same day scoring of the practical examination
and increase in national test fees.
CONTACT
Name: Thomas E. Limbaugh,
Bureau of Occupational Licenses, Board of Cosmetology
Phone: 334-3233
Statement of Purpose/Fiscal Note H29