2005 Legislation
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HOUSE BILL NO. 50 – Cosmetician, student/teacher ratio

HOUSE BILL NO. 50

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Bill Status



H0050aaS..............................................by HEALTH AND WELFARE
COSMETICIANS - Amends existing law relating to cosmeticians to increase the
student to instructor ratio; to clarify that student instructors do not
count as students for purposes of the ratio; and to increase the amount of
the required bond.
                                                                        
01/26    House intro - 1st rdg - to printing
01/27    Rpt prt - to Health/Wel
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
02/18    3rd rdg - PASSED - 67-3-0
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
      Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
      Smylie(Telleria), Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
      Speaker
      NAYS -- Barrett, McKague, Schaefer
      Absent and excused -- None
    Floor Sponsor - Bilbao
    Title apvd - to Senate
02/21    Senate intro - 1st rdg - to Health/Wel
03/01    Rpt out - to 14th Ord
03/04    Rpt out amen - to 1st rdg as amen
03/07    1st rdg - to 2nd rdg as amen
03/08    2nd rdg - to 3rd rdg as amen
03/10    3rd rdg as amen - PASSED - 31-1-2, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, Marley, McGee, McKenzie, Schroeder, Stegner,
      Stennett, Sweet, Werk, Williams
      NAYS -- Richardson
      Absent and excused -- Hill, Pearce, (District 21 seat vacant)
    Floor Sponsor - Broadsword
    Title apvd - to House
03/11    House concurred in Senate amens - to engros
03/14    Rpt engros - 1st rdg - to 2nd rdg as amen
03/15    2nd rdg - to 3rd rdg as amen
03/16    3rd rdg as amen - PASSED - 64-2-4
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Cannon, Chadderdon, Clark, Collins,
      Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Garrett, Hart(Jacobson), Harwood, Henbest, Henderson, Jaquet, Jones,
      Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
      Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
      Raybould, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer,
      Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Barrett, McKague
      Absent and excused -- Bradford, Crow, Ring, Wood
    Floor Sponsor - Bilbao
    Title apvd - to enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed
03/21    To Governor
03/23    Governor signed
         Session Law Chapter 140
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 50
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COSMETICIANS; AMENDING SECTION 54-808, IDAHO CODE, TO INCREASE THE
  3        STUDENT TO INSTRUCTOR RATIO, TO CLARIFY THAT STUDENT INSTRUCTORS COUNT  AS
  4        INSTRUCTORS  FOR  PURPOSES  OF THE RATIO AND TO INCREASE THE AMOUNT OF THE
  5        REQUIRED BOND.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 54-808, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
                                                                        
  9        54-808.  REGULATIONS  FOR  SCHOOLS.  Every  domestic school of cosmetology
 10    must be licensed under the provisions of this chapter and shall meet the  fol-
 11    lowing standards and provisions:
 12        (1)  Employ  and  maintain  at least one (1) licensed instructor for every
 13    fifteen twenty (1520) students or fraction thereof with a  student  instructor
 14    counting as an instructor, not as a student;
 15        (2)  Possess  sufficient  apparatus  and equipment for the proper and full
 16    teaching of all subjects of its curriculum;
 17        (3)  Keep a daily attendance record for each student;
 18        (4)  Maintain regular class and instruction hours, establish  grades,  and
 19    hold monthly examinations;
 20        (5)  Prescribe a school term for training in all phases of the practice of
 21    cosmetology;
 22        (6)  Provide applicable curriculums embracing subjects covering the scien-
 23    tific  fundamentals  for  cosmetology, nail technology, esthetics, electrology
 24    and instructors as follows:
 25        (a)  The curriculum for cosmetology shall include  hygiene,  bacteriology,
 26        histology  of  the hair, skin, muscles, nails and nerves, structure of the
 27        head, face and neck, elementary chemistry relating  to  sterilization  and
 28        antiseptics,  diseases  of the skin, hair, glands and nails, massaging and
 29        manipulating the muscles of the body, permanent  waving,  haircutting  and
 30        arranging,  dressing, coloring, bleaching and tinting of the hair, a study
 31        of electricity as applied to cosmetology, and the  Idaho  laws  and  rules
 32        governing the practice of cosmetology;
 33        (b)  The  curriculum for nail technology shall include hygiene, bacteriol-
 34        ogy, histology of the hands and feet, skin,  muscles,  nails  and  nerves,
 35        structure  of the hands and feet, elementary chemistry relating to steril-
 36        ization and antiseptics, diseases of the skin, glands and nails, massaging
 37        and manipulating the muscles of the hands and feet, a study of electricity
 38        as applied to nail technology, and the Idaho laws and rules governing  the
 39        practice of nail technology;
 40        (c)  The  curriculum  for  esthetics  shall include hygiene, bacteriology,
 41        histology of the skin, muscles and nerves, structure of the head, face and
 42        neck, elementary chemistry relating to sterilization and antiseptics, dis-
 43        eases of the skin, glands and nails, massaging and manipulating  the  mus-
                                                                        
                                           2
                                                                        
  1        cles  of  the  body, a study of electricity as applied to cosmetology, and
  2        the Idaho laws and rules governing the practice of esthetics;
  3        (d)  The curriculum for electrology shall include  hygiene,  bacteriology,
  4        histology   of the hair, skin, muscles, nails and nerves, structure of the
  5        body, elementary chemistry relating to sterilization and antiseptics, dis-
  6        eases of the skin,  hair,  glands  and  nails,  hypertrichosis,  permanent
  7        removal of unwanted hair, a study of electricity as applied to electrology
  8        including  the use and study of galvanic current, and the use and study of
  9        both automatic and manual high frequency current, and the Idaho  laws  and
 10        rules governing the practice of electrology;
 11        (e)  The  curriculum  for  instructors shall include fundamentals of adult
 12        education, communication, preparation of lesson plans, practical and theo-
 13        retical presentation and demonstration, use of teaching aids,  measurement
 14        and  evaluation,  and  the  Idaho laws and rules governing cosmetology and
 15        electrology, in addition  to  teaching  the  acts  prescribed  in  section
 16        54-802, Idaho Code;
 17        (7)  Denote  with clarity that the establishment is a school and that work
 18    is done by students. Such fact shall be made clear to the patron by signs con-
 19    spicuously posted in the school and the adjoining shop, if any;
 20        (8)  All instructors must be licensed instructors in this state;
 21        (9)  Such school shall not permit any student  or  apprentice  to  receive
 22    instruction unless licensed under the provisions of this chapter;
 23        (10) Every  instructor shall devote his entire time during school or class
 24    hours to that of instructing the students and shall not apply his time to that
 25    of private or public practice;
 26        (11) School hours for the purpose of instruction shall be offered  on  not
 27    less than a five (5) day week;
 28        (12) Training  received  in  an establishment not meeting the requirements
 29    for schools as herein set forth shall receive credit for said training  as  an
 30    apprentice rather than as a student, provided said training meets the require-
 31    ments for apprentice training;
 32        (13) All  students,  including  those  enrolled for instructor's training,
 33    shall be registered by the school with the board, listing the name,  age,  and
 34    qualifications  of  the  student  required  for  such training. Forms for such
 35    enrollment may be provided by the board and a  register  of  such  enrollments
 36    shall  be  maintained  by  the board. Hours of instruction shall be registered
 37    with the board as established by board rules, and a student may  be  permitted
 38    to  transfer  the credits earned at one (1) school to another school with per-
 39    mission of the board;
 40        (14) Training received in electrology in a school shall not be  recognized
 41    unless  the  school  has  been approved for such training by the board and the
 42    school meets and maintains the requirements to train electrologists as  estab-
 43    lished by board rules;
 44        (15) Training  received  in  esthetics  shall not be recognized unless the
 45    school has been approved for such training by the board, and the school  meets
 46    and  maintains  the requirements to train estheticians as established by board
 47    rules;
 48        (16) Training received in nail technology shall not be  recognized  unless
 49    the  school  has  been approved for such training by the board, and the school
 50    meets and maintains the requirements to train nail technicians as  established
 51    by board rules;
 52        (17) Every school approved by the board shall deliver to the board, a bond
 53    to  the  state  of  Idaho  in a form approved by the board, and renew the same
 54    annually, in the sum of twenty-five thousand dollars ($25,000) executed  by  a
 55    corporate  surety company duly authorized to do business in this state, condi-
                                                                        
                                           3
                                                                        
  1    tioned that such school shall continue to give its courses of instruction,  in
  2    accordance  with  the  provisions  of this chapter, until it has completed all
  3    such courses for which students  have  enrolled,  and  conditioned  that  such
  4    school    shall  fully  comply  with  all  promises or representations made to
  5    enrolled students as an inducement to such students to enroll. Any student  so
  6    enrolled  who may be damaged by reason of the failure of such school to comply
  7    with such conditions, shall have a right of action in his or her own name,  on
  8    such bonds, for such damage.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved by    Broadsword          
                                                                        
                                                     Seconded by McGee               
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 50
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, delete line 14 and insert: "not counting as
  3    a student for purposes of the student-instructor ratio;".
                                                                        
  4                                 CORRECTION TO TITLE
  5        On page 1, delete lines 3 and 4 and insert: "STUDENT TO INSTRUCTOR  RATIO,
  6    TO  CLARIFY  THAT STUDENT INSTRUCTORS DO NOT COUNT AS STUDENTS FOR PURPOSES OF
  7    THE RATIO AND TO INCREASE THE AMOUNT OF THE".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 50, As Amended in the Senate
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COSMETICIANS; AMENDING SECTION 54-808, IDAHO CODE, TO INCREASE THE
  3        STUDENT TO INSTRUCTOR RATIO, TO CLARIFY THAT STUDENT  INSTRUCTORS  DO  NOT
  4        COUNT  AS STUDENTS FOR PURPOSES OF THE RATIO AND TO INCREASE THE AMOUNT OF
  5        THE REQUIRED BOND.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 54-808, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
                                                                        
  9        54-808.  REGULATIONS  FOR  SCHOOLS.  Every  domestic school of cosmetology
 10    must be licensed under the provisions of this chapter and shall meet the  fol-
 11    lowing standards and provisions:
 12        (1)  Employ  and  maintain  at least one (1) licensed instructor for every
 13    fifteen twenty (1520) students or fraction thereof with a  student  instructor
 14    not counting as a student for purposes of the student-instructor ratio;
 15        (2)  Possess  sufficient  apparatus  and equipment for the proper and full
 16    teaching of all subjects of its curriculum;
 17        (3)  Keep a daily attendance record for each student;
 18        (4)  Maintain regular class and instruction hours, establish  grades,  and
 19    hold monthly examinations;
 20        (5)  Prescribe a school term for training in all phases of the practice of
 21    cosmetology;
 22        (6)  Provide applicable curriculums embracing subjects covering the scien-
 23    tific  fundamentals  for  cosmetology, nail technology, esthetics, electrology
 24    and instructors as follows:
 25        (a)  The curriculum for cosmetology shall include  hygiene,  bacteriology,
 26        histology  of  the hair, skin, muscles, nails and nerves, structure of the
 27        head, face and neck, elementary chemistry relating  to  sterilization  and
 28        antiseptics,  diseases  of the skin, hair, glands and nails, massaging and
 29        manipulating the muscles of the body, permanent  waving,  haircutting  and
 30        arranging,  dressing, coloring, bleaching and tinting of the hair, a study
 31        of electricity as applied to cosmetology, and the  Idaho  laws  and  rules
 32        governing the practice of cosmetology;
 33        (b)  The  curriculum for nail technology shall include hygiene, bacteriol-
 34        ogy, histology of the hands and feet, skin,  muscles,  nails  and  nerves,
 35        structure  of the hands and feet, elementary chemistry relating to steril-
 36        ization and antiseptics, diseases of the skin, glands and nails, massaging
 37        and manipulating the muscles of the hands and feet, a study of electricity
 38        as applied to nail technology, and the Idaho laws and rules governing  the
 39        practice of nail technology;
 40        (c)  The  curriculum  for  esthetics  shall include hygiene, bacteriology,
 41        histology of the skin, muscles and nerves, structure of the head, face and
 42        neck, elementary chemistry relating to sterilization and antiseptics, dis-
 43        eases of the skin, glands and nails, massaging and manipulating  the  mus-
                                                                        
                                           2
                                                                        
  1        cles  of  the  body, a study of electricity as applied to cosmetology, and
  2        the Idaho laws and rules governing the practice of esthetics;
  3        (d)  The curriculum for electrology shall include  hygiene,  bacteriology,
  4        histology   of the hair, skin, muscles, nails and nerves, structure of the
  5        body, elementary chemistry relating to sterilization and antiseptics, dis-
  6        eases of the skin,  hair,  glands  and  nails,  hypertrichosis,  permanent
  7        removal of unwanted hair, a study of electricity as applied to electrology
  8        including  the use and study of galvanic current, and the use and study of
  9        both automatic and manual high frequency current, and the Idaho  laws  and
 10        rules governing the practice of electrology;
 11        (e)  The  curriculum  for  instructors shall include fundamentals of adult
 12        education, communication, preparation of lesson plans, practical and theo-
 13        retical presentation and demonstration, use of teaching aids,  measurement
 14        and  evaluation,  and  the  Idaho laws and rules governing cosmetology and
 15        electrology, in addition  to  teaching  the  acts  prescribed  in  section
 16        54-802, Idaho Code;
 17        (7)  Denote  with clarity that the establishment is a school and that work
 18    is done by students. Such fact shall be made clear to the patron by signs con-
 19    spicuously posted in the school and the adjoining shop, if any;
 20        (8)  All instructors must be licensed instructors in this state;
 21        (9)  Such school shall not permit any student  or  apprentice  to  receive
 22    instruction unless licensed under the provisions of this chapter;
 23        (10) Every  instructor shall devote his entire time during school or class
 24    hours to that of instructing the students and shall not apply his time to that
 25    of private or public practice;
 26        (11) School hours for the purpose of instruction shall be offered  on  not
 27    less than a five (5) day week;
 28        (12) Training  received  in  an establishment not meeting the requirements
 29    for schools as herein set forth shall receive credit for said training  as  an
 30    apprentice rather than as a student, provided said training meets the require-
 31    ments for apprentice training;
 32        (13) All  students,  including  those  enrolled for instructor's training,
 33    shall be registered by the school with the board, listing the name,  age,  and
 34    qualifications  of  the  student  required  for  such training. Forms for such
 35    enrollment may be provided by the board and a  register  of  such  enrollments
 36    shall  be  maintained  by  the board. Hours of instruction shall be registered
 37    with the board as established by board rules, and a student may  be  permitted
 38    to  transfer  the credits earned at one (1) school to another school with per-
 39    mission of the board;
 40        (14) Training received in electrology in a school shall not be  recognized
 41    unless  the  school  has  been approved for such training by the board and the
 42    school meets and maintains the requirements to train electrologists as  estab-
 43    lished by board rules;
 44        (15) Training  received  in  esthetics  shall not be recognized unless the
 45    school has been approved for such training by the board, and the school  meets
 46    and  maintains  the requirements to train estheticians as established by board
 47    rules;
 48        (16) Training received in nail technology shall not be  recognized  unless
 49    the  school  has  been approved for such training by the board, and the school
 50    meets and maintains the requirements to train nail technicians as  established
 51    by board rules;
 52        (17) Every school approved by the board shall deliver to the board, a bond
 53    to  the  state  of  Idaho  in a form approved by the board, and renew the same
 54    annually, in the sum of twenty-five thousand dollars ($25,000) executed  by  a
 55    corporate  surety company duly authorized to do business in this state, condi-
                                                                        
                                           3
                                                                        
  1    tioned that such school shall continue to give its courses of instruction,  in
  2    accordance  with  the  provisions  of this chapter, until it has completed all
  3    such courses for which students  have  enrolled,  and  conditioned  that  such
  4    school    shall  fully  comply  with  all  promises or representations made to
  5    enrolled students as an inducement to such students to enroll. Any student  so
  6    enrolled  who may be damaged by reason of the failure of such school to comply
  7    with such conditions, shall have a right of action in his or her own name,  on
  8    such bonds, for such damage.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                           RS 14419C1

Amends section 54-808, Idaho Code, to increase the bond required by
licensed schools of cosmetology, increase the instructor/student
ratio, and allow a student instructor to count as an instructor and
not as a student.  The Board felt that the students were not being
adequately protected under the current bond amount. 

                                
                           FISCAL NOTE

There is no fiscal impact on general or dedicated funds.



CONTACT   
Name:     Cherie Simpson
Agency:   Occupational License, Bureau
Phone:    334-3233



STATEMENT OF PURPOSE/FISCAL NOTE                      H 50