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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
]]]] 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.
]]]] 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".
]]]] 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
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