2006 Legislation
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HOUSE BILL NO. 723 – Haircutter, requirements, permits

HOUSE BILL NO. 723

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Bill Status



H0723aaS...................................................by STATE AFFAIRS
HAIRCUTTERS - Amends and adds to existing law to restrict the use of
certain terminology and barber poles; to define terms; to set forth
requirements for a haircutter license; to set forth curriculum and training
requirements for haircutting; to provide fees for haircutter permits and
examinations; to provide sanitation standards; and to require minimum hours
of instruction for student cosmetologists rendering chemical services.
                                                                        
02/22    House intro - 1st rdg - to printing
02/23    Rpt prt - to Bus
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 59-5-6
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bedke, Bell, Bilbao,
      Black, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark,
      Collins, Denney, Edmunson, Eskridge, Field(18), Field(23), Garrett,
      Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour,
      Loertscher, Martinez, Mathews, McGeachin, Miller, Mitchell, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
      Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Mr.
      Speaker
      NAYS -- Barrett, Bayer, McKague, Sali, Snodgrass
      Absent and excused -- Block, Crow, Deal, Ellsworth, Shepherd(8), Wood
    Floor Sponsor - Smith(30)
    Title apvd - to Senate
03/13    Senate intro - 1st rdg - to Com/HuRes
03/17    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
03/23    To 14th Ord
03/28    Rpt out amen - to 1st rdg as amen
03/29    1st rdg - to 2nd rdg as amen
03/30    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Werk, Williams
      NAYS -- None
      Absent and excused -- Sweet
    Floor Sponsor - Goedde
    Title apvd - to House
04/03    House concurred in Senate amens - to engros
04/04    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 57-12-1
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bell, Bilbao, Black,
      Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Henbest, Henderson, Jaquet, Kemp,
      LeFavour, Martinez, McGeachin, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sayler, Schaefer, Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- Barrett, Bayer, Bedke, Hart, Harwood, Lake, Loertscher,
      Mathews, McKague, Sali, Shepherd(8), Snodgrass
      Absent and excused -- Shepherd(2)
    Floor Sponsor - Smith(30)
    Title apvd - To enrol - Rpt enrol - Sp signed
04/05    Pres signed - To Governor
04/10    Governor signed
         Session Law Chapter 411
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 723
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COSMETOLOGY;  AMENDING  SECTION  54-802,  IDAHO  CODE,  TO  DEFINE
  3        "HAIRCUTTING"  AND  "HAIRCUTTER";  AMENDING SECTION 54-805, IDAHO CODE, TO
  4        SET FORTH REQUIREMENTS FOR A HAIRCUTTER LICENSE; AMENDING SECTION  54-808,
  5        IDAHO  CODE,  TO  SET  FORTH  CURRICULUM  AND  TRAINING  REQUIREMENTS  FOR
  6        HAIRCUTTING;  AMENDING  SECTION  54-818,  IDAHO  CODE, TO PROVIDE FEES FOR
  7        HAIRCUTTER PERMITS AND EXAMINATIONS; AMENDING CHAPTER 8, TITLE  54,  IDAHO
  8        CODE,  BY  THE  ADDITION  OF A NEW SECTION 54-824A, IDAHO CODE, TO PROVIDE
  9        SANITATION STANDARDS; AND AMENDING CHAPTER 8, TITLE 54, IDAHO CODE, BY THE
 10        ADDITION OF A NEW SECTION 54-837, IDAHO CODE, TO REQUIRE MINIMUM HOURS  OF
 11        INSTRUCTION FOR STUDENT COSMETOLOGISTS RENDERING CHEMICAL SERVICES.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section  54-802, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        54-802.  DEFINITIONS. For the purpose of this chapter, the following defi-
 16    nitions shall apply:
 17        (1)  "Cosmetology" shall constitute any one (1) or combination of the fol-
 18    lowing practices when done upon the human body for cosmetic purposes  and  not
 19    for the treatment of disease or physical or mental ailments:
 20        (a)  Cutting,  trimming,  arranging,  dressing,  curling,  waving  by  any
 21        method, cleansing, singeing, bleaching, coloring, or similar work upon the
 22        hair.
 23        (b)  Applying  cosmetic  preparations,  antiseptics,  tonics,  lotions  or
 24        creams,  or  massaging,  cleansing,  exercising,  beautifying,  or similar
 25        applications or work upon the scalp, face, neck, arms,  hands,  busts,  or
 26        other parts of the body.
 27        (c)  Manicuring,  pedicuring  the nails, and the application of artificial
 28        nails.
 29        (2)  "Registered cosmetologist" shall mean any person licensed to practice
 30    cosmetology.
 31        (3)  "Nail technology" shall constitute any one (1) or more of the follow-
 32    ing practices when done upon the human body:
 33        (a)  Manicuring, pedicuring the nails, and the application of all forms of
 34        artificial nails.
 35        (b)  Massage of the hands and feet.
 36        (4)  "Nail technician" shall mean any licensed person  whose  practice  of
 37    cosmetology is limited to nail technology.
 38        (5)  "Nail  technology  instructor"  shall mean a nail technologist who is
 39    licensed to teach nail technology or any practice thereof in a school of  cos-
 40    metology.
 41        (6)  "Apprentice"  shall  mean  any  person  registered  with the board to
 42    engage in the learning or acquiring of any or all of the practices  of  cosme-
 43    tology  in a licensed cosmetological establishment, and while so learning per-
                                                                        
                                           2
                                                                        
  1    forms or assists in any of the practices of cosmetology.
  2        (7)  "Student" shall mean any person registered with the board  to  engage
  3    in  the learning or acquiring of any or all of the practices of cosmetology in
  4    a licensed school of cosmetology, and while so learning performs or assists in
  5    any of the practices of cosmetology.
  6        (8)  "Instructor" shall mean a cosmetologist who is licensed to teach cos-
  7    metology or any practices thereof in a school of cosmetology, school  or  col-
  8    lege  of barbering,  or cosmetology establishment meeting the requirements for
  9    apprenticeship training.
 10        (9)  "Student instructor" shall mean a  cosmetologist  who  is  registered
 11    with  the board in a school of cosmetology to receive training to teach cosme-
 12    tology.
 13        (10) "Cosmetological establishment" shall mean any licensed place or  part
 14    thereof other than a school of cosmetology wherein cosmetology is practiced.
 15        (11) "School of cosmetology" shall mean any licensed place or part thereof
 16    wherein cosmetology is taught to students.
 17        (12) "Board" means the Idaho board of cosmetology.
 18        (13) "Department" means the Idaho department of self-governing agencies.
 19        (14) "Chapter"  as  used  in this act refers to chapter 8, title 54, Idaho
 20    Code.
 21        (15) "Electrologist" means any person licensed to practice electrology and
 22    who is skilled in the permanent removal of unwanted hair.
 23        (16) "Electrolysis or electrology" means the permanent removal of hair  by
 24    destroying  the  hair  producing  cells  of the skin and vascular system using
 25    equipment and devices approved by and registered with the United  States  food
 26    and drug administration.
 27        (17) "Esthetics"  shall  constitute any one (1) or combination of the fol-
 28    lowing practices when done on the human body:
 29        (a)  Applying  cosmetic  preparations,  antiseptics,  tonics,  lotions  or
 30        creams, or massaging, cleansing, exercising, beautifying or similar appli-
 31        cations of work to the human body.
 32        (b)  Nonpermanent hair removal by tweezing or waxing.
 33        (18) "Esthetician" means any person licensed to practice esthetics.
 34        (19) "Esthetics instructor" shall mean an esthetician who is  licensed  to
 35    teach esthetics or any practice thereof in a school of cosmetology approved to
 36    teach esthetics.
 37        (20) "Electrologist   instructor"  shall  mean  an  electrologist  who  is
 38    licensed to teach electrology or any practices thereof in a school  of  cosme-
 39    tology approved to teach electrology.
 40        (21) "Student electrologist instructor" shall mean an electrologist who is
 41    registered  with  the  board  in  a  school  of  cosmetology approved to teach
 42    electrology to receive training to teach electrology.
 43        (22) "Makeover or glamour photography business" means any business engaged
 44    in the offering of photographic services  to  the  general  public  and  whose
 45    employees engage in the facial application of cosmetic products or the arrang-
 46    ing  of  the hair of customers in connection with the sale, or attempted sale,
 47    of photographic services.
 48        (23) "Retail cosmetics dealer" means a fixed retail business which  offers
 49    cosmetic  products  for  sale  at  retail to members of the general public and
 50    whose employees engage in the facial application of cosmetic products to  cus-
 51    tomers in connection with the sale, or attempted sale, of the products without
 52    compensation  from  the  customer other than the regular price of the merchan-
 53    dise.
 54        (24) "Demonstration, competition or production" means an  organized  event
 55    of  limited duration where cosmetology services may be performed, if sponsored
                                                                        
                                           3
                                                                        
  1    by a salon, school of cosmetology or cosmetology-related organization.
  2        (25) "Haircutting" means cutting, trimming, arranging, dressing,  curling,
  3    cleansing, singeing or similar work upon the hair.
  4        (26) "Haircutter"  means any licensed person whose practice of cosmetology
  5    is limited to haircutting.
                                                                        
  6        SECTION 2.  That Section 54-805, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        54-805.  REQUIREMENTS  FOR  LICENSE.  Except as herein otherwise provided,
  9    the following shall be considered minimum  requirements  for  license  in  the
 10    respective  categories,  and  all applicants shall be  of good moral character
 11    and temperate habits:
 12        (1)  As a registered cosmetologist:
 13        (a)  Be sixteen and one-half (16 1/2) years of age.
 14        (b)  Completion of two (2) years' high school education or its equivalent.
 15        (c)  Graduation from and completion of a two thousand (2,000) hour  course
 16        of instruction in a school of cosmetology, or a four thousand (4,000) hour
 17        course of instruction as an apprentice covering all phases of the practice
 18        of cosmetology.
 19        (d)  Successful  passage  of the examination for cosmetologist given under
 20        the direction of the board.
 21        (2)  As an  instructor  of  cosmetology,  nail  technology,  esthetics  or
 22    electrology:  twelve  (12)  semester  college  credit  hours  or equivalent as
 23    approved by the board or successful completion of the examination required  by
 24    board rules, and
 25        (a)  Hold  a  current  license  as  a  cosmetologist,  nail  technologist,
 26        esthetician  or  electrologist  and  satisfactory  completion of a six (6)
 27        month teacher's course of instruction in a school of cosmetology, or
 28        (b)  Two (2) years' experience as a licensed cosmetologist, nail technolo-
 29        gist, esthetician or electrologist in a registered  cosmetological  estab-
 30        lishment and a three (3) month teacher's course of instruction in a school
 31        of cosmetology, or
 32        (c)  Five  (5)  years'  experience as a licensed cosmetologist, nail tech-
 33        nologist, esthetician or electrologist immediately preceding the  applica-
 34        tion for license.
 35        (3)  As a student:
 36        (a)  Be sixteen and one-half (16 1/2) years of age.
 37        (b)  Have completed at least two (2) years of high school education or its
 38        equivalent.
 39        (4)  As an apprentice:
 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        (5)  As a nail technician:
 44        (a)  Be sixteen and one-half (16 1/2) years of age.
 45        (b)  Have completed at least two (2) years of high school education or its
 46        equivalent.
 47        (c)  Have completed and  graduated from at least a four hundred (400) hour
 48        course of instruction and graduated from such training in a board approved
 49        school, or an eight hundred (800) hour course of instruction as an appren-
 50        tice in a specified cosmetological establishment under the direct personal
 51        supervision  of a licensed cosmetology instructor, who shall have at least
 52        one (1) licensed nail technician on-site in the  specified  cosmetological
 53        establishment for each student being trained.
                                                                        
                                           4
                                                                        
  1        (d)  Successful passage of the examination for nail technician given under
  2        the direction of the board.
  3        (6)  As an electrologist:
  4        (a)  Be sixteen and one-half (16 1/2) years of age.
  5        (b)  Have completed at least two (2) years of high school education or its
  6        equivalent.
  7        (c)  Have  completed  and  graduated  from at least an eight hundred (800)
  8        hour course of instruction and graduated from such training  in  a  school
  9        approved  by the board to teach electrology, or a one thousand six hundred
 10        (1,600) hour course  of  instruction  as  an  apprentice  in  a  specified
 11        cosmetological  establishment  under  the direct personal supervision of a
 12        licensed electrologist  instructor,  who  shall  have  at  least  one  (1)
 13        licensed  electrologist on-site in the specified cosmetological establish-
 14        ment as established by board rules.
 15        (d)  Successfully passed the examination for electrologist given under the
 16        direction of the board.
 17        (7)  As an esthetician:
 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        (c)  Have completed and graduated from at least a six hundred  (600)  hour
 22        course  of instruction for such in a school approved by the board to teach
 23        esthetics or a one thousand two hundred (1,200) hour course of instruction
 24        as an apprentice in a specified  cosmetological  establishment  under  the
 25        direct  personal  supervision  of  a  licensed cosmetology instructor, who
 26        shall have at least one (1) licensed esthetician on-site in the  specified
 27        cosmetological establishment for each student being trained.
 28        (d)  Successfully  passed  the examination for esthetician given under the
 29        direction of the board.
 30        (8)  As a haircutter:
 31        (a)  Be sixteen and one-half (16 1/2) years of age.
 32        (b)  Have completed at least two (2) years of high school education or its
 33        equivalent.
 34        (c)  Have completed and graduated from at least a nine hundred (900)  hour
 35        course  of instruction for such in a school approved by the board to teach
 36        haircutting.
 37        (d)  Successfully passed the examination for haircutter  given  under  the
 38        direction of the board.
                                                                        
 39        SECTION  3.  That  Section  54-808, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        54-808.  REGULATIONS FOR SCHOOLS. Every  domestic  school  of  cosmetology
 42    must  be licensed under the provisions of this chapter and shall meet the fol-
 43    lowing standards and provisions:
 44        (1)  Employ and maintain at least one (1) licensed  instructor  for  every
 45    twenty  (20) students or fraction thereof with a student instructor not count-
 46    ing as a student for purposes of the student-instructor ratio;
 47        (2)  Possess sufficient apparatus and equipment for the  proper  and  full
 48    teaching of all subjects of its curriculum;
 49        (3)  Keep a daily attendance record for each student;
 50        (4)  Maintain  regular  class and instruction hours, establish grades, and
 51    hold monthly examinations;
 52        (5)  Prescribe a school term for training in all phases of the practice of
 53    cosmetology;
                                                                        
                                           5
                                                                        
  1        (6)  Provide applicable curriculums embracing subjects covering the scien-
  2    tific fundamentals for cosmetology, nail technology,  esthetics,  electrology,
  3    and instructors and haircutting as follows:
  4        (a)  The  curriculum  for cosmetology shall include hygiene, bacteriology,
  5        histology of the hair, skin, muscles, nails and nerves, structure  of  the
  6        head,  face  and  neck, elementary chemistry relating to sterilization and
  7        antiseptics, diseases of the skin, hair, glands and nails,  massaging  and
  8        manipulating  the  muscles  of the body, permanent waving, haircutting and
  9        arranging, dressing, coloring, bleaching and tinting of the hair, a  study
 10        of  electricity  as  applied  to cosmetology, and the Idaho laws and rules
 11        governing the practice of cosmetology;
 12        (b)  The curriculum for nail technology shall include hygiene,  bacteriol-
 13        ogy,  histology  of  the  hands and feet, skin, muscles, nails and nerves,
 14        structure of the hands and feet, elementary chemistry relating to  steril-
 15        ization and antiseptics, diseases of the skin, glands and nails, massaging
 16        and manipulating the muscles of the hands and feet, a study of electricity
 17        as  applied to nail technology, and the Idaho laws and rules governing the
 18        practice of nail technology;
 19        (c)  The curriculum for esthetics  shall  include  hygiene,  bacteriology,
 20        histology of the skin, muscles and nerves, structure of the head, face and
 21        neck, elementary chemistry relating to sterilization and antiseptics, dis-
 22        eases  of  the skin, glands and nails, massaging and manipulating the mus-
 23        cles of the body, a study of electricity as applied  to  cosmetology,  and
 24        the Idaho laws and rules governing the practice of esthetics;
 25        (d)  The  curriculum  for electrology shall include hygiene, bacteriology,
 26        histology of the hair, skin, muscles, nails and nerves, structure  of  the
 27        body, elementary chemistry relating to sterilization and antiseptics, dis-
 28        eases  of  the  skin,  hair,  glands  and nails, hypertrichosis, permanent
 29        removal of unwanted hair, a study of electricity as applied to electrology
 30        including the use and study of galvanic current, and the use and study  of
 31        both  automatic  and manual high frequency current, and the Idaho laws and
 32        rules governing the practice of electrology;
 33        (e)  The curriculum for instructors shall include  fundamentals  of  adult
 34        education, communication, preparation of lesson plans, practical and theo-
 35        retical  presentation and demonstration, use of teaching aids, measurement
 36        and evaluation, and the Idaho laws and  rules  governing  cosmetology  and
 37        electrology,  in  addition  to  teaching  the  acts  prescribed in section
 38        54-802, Idaho Code;
 39        (f)  The curriculum for haircutting shall include  hygiene,  bacteriology,
 40        histology of the hair, skin, muscles and nerves, structure of the head and
 41        neck, elementary chemistry relating to sterilization and antiseptics, dis-
 42        eases of the skin, hair and glands, massaging and manipulating of the mus-
 43        cles  of  the head and neck, haircutting and arranging, the study of elec-
 44        tricity as applied to haircutting and Idaho laws and rules  governing  the
 45        practice of haircutting;
 46        (7)  Denote  with clarity that the establishment is a school and that work
 47    is done by students. Such fact shall be made clear to the patron by signs con-
 48    spicuously posted in the school and the adjoining shop, if any;
 49        (8)  All instructors must be licensed instructors in this state;
 50        (9)  Such school shall not permit any student  or  apprentice  to  receive
 51    instruction unless licensed under the provisions of this chapter;
 52        (10) Every  instructor shall devote his entire time during school or class
 53    hours to that of instructing the students and shall not apply his time to that
 54    of private or public practice;
 55        (11) School hours for the purpose of instruction shall be offered  on  not
                                                                        
                                           6
                                                                        
  1    less than a five (5) day week;
  2        (12) Training  received  in  an establishment not meeting the requirements
  3    for schools as herein set forth shall receive credit for said training  as  an
  4    apprentice rather than as a student, provided said training meets the require-
  5    ments for apprentice training;
  6        (13) All  students,  including  those  enrolled for instructor's training,
  7    shall be registered by the school with the board, listing the name,  age,  and
  8    qualifications  of  the  student  required  for  such training. Forms for such
  9    enrollment may be provided by the board and a  register  of  such  enrollments
 10    shall  be  maintained  by  the board. Hours of instruction shall be registered
 11    with the board as established by board rules, and a student may  be  permitted
 12    to  transfer  the credits earned at one (1) school to another school with per-
 13    mission of the board;
 14        (14) Training received in electrology in a school shall not be  recognized
 15    unless  the  school  has  been approved for such training by the board and the
 16    school meets and maintains the requirements to train electrologists as  estab-
 17    lished by board rules;
 18        (15) Training  received  in  esthetics  shall not be recognized unless the
 19    school has been approved for such training by the board, and the school  meets
 20    and  maintains  the requirements to train estheticians as established by board
 21    rules;
 22        (16) Training received in nail technology shall not be  recognized  unless
 23    the  school  has  been approved for such training by the board, and the school
 24    meets and maintains the requirements to train nail technicians as  established
 25    by board rules;
 26        (17) Every school approved by the board shall deliver to the board, a bond
 27    to  the  state  of  Idaho  in a form approved by the board, and renew the same
 28    annually, in the sum of twenty-five thousand dollars ($25,000) executed  by  a
 29    corporate  surety company duly authorized to do business in this state, condi-
 30    tioned that such school shall continue to give its courses of instruction,  in
 31    accordance  with  the  provisions  of this chapter, until it has completed all
 32    such courses for which students  have  enrolled,  and  conditioned  that  such
 33    school  shall  fully  comply  with  all  promises  or  representations made to
 34    enrolled students as an inducement to such students to enroll. Any student  so
 35    enrolled  who may be damaged by reason of the failure of such school to comply
 36    with such conditions, shall have a right of action in his or her own name,  on
 37    such bonds, for such damage;
 38        (18) Training  received  in haircutting shall not be recognized unless the
 39    school has been approved for such training by the board and the  school  meets
 40    and  maintains  the  requirements to train haircutters as established by board
 41    rules.
                                                                        
 42        SECTION 4.  That Section 54-818, Idaho Code, be, and the  same  is  hereby
 43    amended to read as follows:
                                                                        
 44        54-818.  FEES. The various fees to be paid by applicants for original reg-
 45    istrations,  original licenses, permits, annual renewals, fees for endorsement
 46    and examinations as required under this chapter shall be fixed by  administra-
 47    tive rules of the board in amounts not to exceed the following:
 48        (1)  Original permits, licenses, and annual renewals thereof:
 49    cosmetological establishment, original license ........................$ 50.00
 50    cosmetological establishment, annual renewals .........................  50.00
 51    retail cosmetics dealer, original license .............................  50.00
 52    retail cosmetics dealer, annual renewals ..............................  50.00
 53    makeover or glamour photography business, original license ............  50.00
                                                                        
                                           7
                                                                        
  1    makeover or glamour photography business, annual renewals .............  50.00
  2    domestic school of cosmetology, original license ...................... 500.00
  3    domestic school of cosmetology, annual renewals ....................... 150.00
  4    registered cosmetologist, original license/annual renewals ............  50.00
  5    nail technician, original license/annual renewals .....................  50.00
  6    apprentice, original permit (no renewal fees required) ................  20.00
  7    student registration (no renewal fees required) .......................  20.00
  8    instructor, original license/annual renewals ..........................  50.00
  9    student instructor permit .............................................  25.00
 10    electrologist, original license/annual renewals .......................  50.00
 11    esthetician, original license/annual renewals .........................  50.00
 12    haircutter, original license/annual renewals ..........................  50.00
 13    endorsement fee ....................................................... 100.00
 14    temporary permit  to demonstrate and teach ............................  10.00
 15        (2)  Examination fees:
 16    as a registered cosmetologist ........................................ $100.00
 17    as a nail technician .................................................  100.00
 18    as an instructor .....................................................  100.00
 19    as an electrologist ..................................................  100.00
 20    as an esthetician ....................................................  100.00
 21    as a haircutter ......................................................  100.00
 22        Fees shall not be prorated or returnable.
                                                                        
 23        SECTION  5.  That  Chapter  8,  Title  54, Idaho Code, be, and the same is
 24    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 25    ignated as Section 54-824A, Idaho Code, and to read as follows:
                                                                        
 26        54-824A.  SANITATION.  (1)  Except as otherwise provided in subsection (2)
 27    of this section, all instruments used by persons  licensed  pursuant  to  this
 28    chapter  shall, after cleaning and prior to use on each patron, be disinfected
 29    with a disinfecting agent registered  by  the  U.S.  environmental  protection
 30    agency as hospital grade or better.
 31        (2)  Nail instruments shall be sanitized in accordance with manufacturers'
 32    standards.
 33        (3)  Every  precaution shall be taken by persons licensed pursuant to this
 34    chapter to prevent the transfer of disease causing pathogens  from  person  to
 35    person.
                                                                        
 36        SECTION  6.  That  Chapter  8,  Title  54, Idaho Code, be, and the same is
 37    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 38    ignated as Section 54-837, Idaho Code, and to read as follows:
                                                                        
 39        54-837.  MINIMUM HOURS OF INSTRUCTION FOR CERTAIN SERVICES. A student cos-
 40    metologist  shall  not  be  permitted to render any chemical service to a live
 41    human until such student has completed at  least  five  percent  (5%)  of  the
 42    required instruction.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved by    Goedde              
                                                                        
                                                     Seconded by Broadsword          
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 723
                                                                        
  1                                AMENDMENTS TO THE BILL
  2        On page 1 of the printed bill, following line 12 insert:
                                                                        
  3        "SECTION 1.  That Chapter 5, Title 54, Idaho Code, be,  and  the  same  is
  4    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  5    ignated as Section 54-523, Idaho Code, and to read as follows:
                                                                        
  6        54-523.  USE OF  TERMINOLOGY  LIMITED  --  BARBER  POLES.  Only  a  person
  7    licensed pursuant to the provisions of this chapter may:
  8        (1)  Hold  himself  out  to the public, solicit business or advertise as a
  9    licensed barber or as operating a licensed barbershop;
 10        (2)  Use the title or designation "barber" or "barbershop"  under  circum-
 11    stances  that  would create or tend to create the impression to members of the
 12    general public that the person is a licensed barber or is operating a licensed
 13    barbershop; or
 14        (3)  Place a barber pole in a location that would create or tend to create
 15    the impression to members of the general public that a business  located  near
 16    the   barber   pole  is  a  barbershop  unless  the  business  is  a  licensed
 17    cosmetological establishment that is leasing space to or employing a  licensed
 18    barber.  As  used  in this subsection (3), "barber pole" means a red and white
 19    striped vertical cylinder with a ball located on top of the  cylinder  or  any
 20    object  of  a similar nature, regardless of its actual shape or coloring, that
 21    would create or tend to create the impression to members of the general public
 22    that a business located near the object is a barbershop.";
 23    and renumber subsequent sections of the bill accordingly.
                                                                        
 24                                 CORRECTION TO TITLE
 25        On page 1, in line 2,  delete  "COSMETOLOGY;"  and  insert:  "PROFESSIONS,
 26    VOCATIONS  AND  BUSINESSES;  AMENDING  CHAPTER 5, TITLE 54, IDAHO CODE, BY THE
 27    ADDITION OF A NEW SECTION 54-523, IDAHO CODE, TO RESTRICT THE USE  OF  CERTAIN
 28    TERMINOLOGY AND BARBER POLES;".

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


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 723, As Amended in the Senate
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PROFESSIONS, VOCATIONS AND BUSINESSES; AMENDING CHAPTER  5,  TITLE
  3        54,  IDAHO  CODE,  BY THE ADDITION OF A NEW SECTION 54-523, IDAHO CODE, TO
  4        RESTRICT THE USE OF CERTAIN TERMINOLOGY AND BARBER POLES; AMENDING SECTION
  5        54-802, IDAHO CODE, TO DEFINE  "HAIRCUTTING"  AND  "HAIRCUTTER";  AMENDING
  6        SECTION  54-805,  IDAHO  CODE,  TO SET FORTH REQUIREMENTS FOR A HAIRCUTTER
  7        LICENSE; AMENDING SECTION 54-808, IDAHO CODE, TO SET FORTH CURRICULUM  AND
  8        TRAINING  REQUIREMENTS  FOR  HAIRCUTTING;  AMENDING  SECTION 54-818, IDAHO
  9        CODE, TO PROVIDE FEES FOR HAIRCUTTER PERMITS  AND  EXAMINATIONS;  AMENDING
 10        CHAPTER 8, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-824A,
 11        IDAHO CODE, TO PROVIDE SANITATION STANDARDS; AND AMENDING CHAPTER 8, TITLE
 12        54,  IDAHO  CODE,  BY THE ADDITION OF A NEW SECTION 54-837, IDAHO CODE, TO
 13        REQUIRE MINIMUM HOURS OF INSTRUCTION FOR STUDENT COSMETOLOGISTS  RENDERING
 14        CHEMICAL SERVICES.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION  1.  That  Chapter  5,  Title  54, Idaho Code, be, and the same is
 17    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 18    ignated as Section 54-523, Idaho Code, and to read as follows:
                                                                        
 19        54-523.  USE  OF  TERMINOLOGY  LIMITED  --  BARBER  POLES.  Only  a person
 20    licensed pursuant to the provisions of this chapter may:
 21        (1)  Hold himself out to the public, solicit business or  advertise  as  a
 22    licensed barber or as operating a licensed barbershop;
 23        (2)  Use  the  title or designation "barber" or "barbershop" under circum-
 24    stances that would create or tend to create the impression to members  of  the
 25    general public that the person is a licensed barber or is operating a licensed
 26    barbershop; or
 27        (3)  Place a barber pole in a location that would create or tend to create
 28    the  impression  to members of the general public that a business located near
 29    the  barber  pole  is  a  barbershop  unless  the  business  is   a   licensed
 30    cosmetological  establishment that is leasing space to or employing a licensed
 31    barber. As used in this subsection (3), "barber pole" means a  red  and  white
 32    striped  vertical  cylinder  with a ball located on top of the cylinder or any
 33    object of a similar nature, regardless of its actual shape or  coloring,  that
 34    would create or tend to create the impression to members of the general public
 35    that a business located near the object is a barbershop.
                                                                        
 36        SECTION  2.  That  Section  54-802, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        54-802.  DEFINITIONS. For the purpose of this chapter, the following defi-
 39    nitions shall apply:
 40        (1)  "Cosmetology" shall constitute any one (1) or combination of the fol-
 41    lowing practices when done upon the human body for cosmetic purposes  and  not
                                                                        
                                           2
                                                                        
  1    for the treatment of disease or physical or mental ailments:
  2        (a)  Cutting,  trimming,  arranging,  dressing,  curling,  waving  by  any
  3        method, cleansing, singeing, bleaching, coloring, or similar work upon the
  4        hair.
  5        (b)  Applying  cosmetic  preparations,  antiseptics,  tonics,  lotions  or
  6        creams,  or  massaging,  cleansing,  exercising,  beautifying,  or similar
  7        applications or work upon the scalp, face, neck, arms,  hands,  busts,  or
  8        other parts of the body.
  9        (c)  Manicuring,  pedicuring  the nails, and the application of artificial
 10        nails.
 11        (2)  "Registered cosmetologist" shall mean any person licensed to practice
 12    cosmetology.
 13        (3)  "Nail technology" shall constitute any one (1) or more of the follow-
 14    ing practices when done upon the human body:
 15        (a)  Manicuring, pedicuring the nails, and the application of all forms of
 16        artificial nails.
 17        (b)  Massage of the hands and feet.
 18        (4)  "Nail technician" shall mean any licensed person  whose  practice  of
 19    cosmetology is limited to nail technology.
 20        (5)  "Nail  technology  instructor"  shall mean a nail technologist who is
 21    licensed to teach nail technology or any practice thereof in a school of  cos-
 22    metology.
 23        (6)  "Apprentice"  shall  mean  any  person  registered  with the board to
 24    engage in the learning or acquiring of any or all of the practices  of  cosme-
 25    tology  in a licensed cosmetological establishment, and while so learning per-
 26    forms or assists in any of the practices of cosmetology.
 27        (7)  "Student" shall mean any person registered with the board  to  engage
 28    in  the learning or acquiring of any or all of the practices of cosmetology in
 29    a licensed school of cosmetology, and while so learning performs or assists in
 30    any of the practices of cosmetology.
 31        (8)  "Instructor" shall mean a cosmetologist who is licensed to teach cos-
 32    metology or any practices thereof in a school of cosmetology, school  or  col-
 33    lege  of barbering,  or cosmetology establishment meeting the requirements for
 34    apprenticeship training.
 35        (9)  "Student instructor" shall mean a  cosmetologist  who  is  registered
 36    with  the board in a school of cosmetology to receive training to teach cosme-
 37    tology.
 38        (10) "Cosmetological establishment" shall mean any licensed place or  part
 39    thereof other than a school of cosmetology wherein cosmetology is practiced.
 40        (11) "School of cosmetology" shall mean any licensed place or part thereof
 41    wherein cosmetology is taught to students.
 42        (12) "Board" means the Idaho board of cosmetology.
 43        (13) "Department" means the Idaho department of self-governing agencies.
 44        (14) "Chapter"  as  used  in this act refers to chapter 8, title 54, Idaho
 45    Code.
 46        (15) "Electrologist" means any person licensed to practice electrology and
 47    who is skilled in the permanent removal of unwanted hair.
 48        (16) "Electrolysis or electrology" means the permanent removal of hair  by
 49    destroying  the  hair  producing  cells  of the skin and vascular system using
 50    equipment and devices approved by and registered with the United  States  food
 51    and drug administration.
 52        (17) "Esthetics"  shall  constitute any one (1) or combination of the fol-
 53    lowing practices when done on the human body:
 54        (a)  Applying  cosmetic  preparations,  antiseptics,  tonics,  lotions  or
 55        creams, or massaging, cleansing, exercising, beautifying or similar appli-
                                                                        
                                           3
                                                                        
  1        cations of work to the human body.
  2        (b)  Nonpermanent hair removal by tweezing or waxing.
  3        (18) "Esthetician" means any person licensed to practice esthetics.
  4        (19) "Esthetics instructor" shall mean an esthetician who is  licensed  to
  5    teach esthetics or any practice thereof in a school of cosmetology approved to
  6    teach esthetics.
  7        (20) "Electrologist   instructor"  shall  mean  an  electrologist  who  is
  8    licensed to teach electrology or any practices thereof in a school  of  cosme-
  9    tology approved to teach electrology.
 10        (21) "Student electrologist instructor" shall mean an electrologist who is
 11    registered  with  the  board  in  a  school  of  cosmetology approved to teach
 12    electrology to receive training to teach electrology.
 13        (22) "Makeover or glamour photography business" means any business engaged
 14    in the offering of photographic services  to  the  general  public  and  whose
 15    employees engage in the facial application of cosmetic products or the arrang-
 16    ing  of  the hair of customers in connection with the sale, or attempted sale,
 17    of photographic services.
 18        (23) "Retail cosmetics dealer" means a fixed retail business which  offers
 19    cosmetic  products  for  sale  at  retail to members of the general public and
 20    whose employees engage in the facial application of cosmetic products to  cus-
 21    tomers in connection with the sale, or attempted sale, of the products without
 22    compensation  from  the  customer other than the regular price of the merchan-
 23    dise.
 24        (24) "Demonstration, competition or production" means an  organized  event
 25    of  limited duration where cosmetology services may be performed, if sponsored
 26    by a salon, school of cosmetology or cosmetology-related organization.
 27        (25) "Haircutting" means cutting, trimming, arranging, dressing,  curling,
 28    cleansing, singeing or similar work upon the hair.
 29        (26) "Haircutter"  means any licensed person whose practice of cosmetology
 30    is limited to haircutting.
                                                                        
 31        SECTION 3.  That Section 54-805, Idaho Code, be, and the  same  is  hereby
 32    amended to read as follows:
                                                                        
 33        54-805.  REQUIREMENTS  FOR  LICENSE.  Except as herein otherwise provided,
 34    the following shall be considered minimum  requirements  for  license  in  the
 35    respective  categories,  and  all applicants shall be  of good moral character
 36    and temperate habits:
 37        (1)  As a registered cosmetologist:
 38        (a)  Be sixteen and one-half (16 1/2) years of age.
 39        (b)  Completion of two (2) years' high school education or its equivalent.
 40        (c)  Graduation from and completion of a two thousand (2,000) hour  course
 41        of instruction in a school of cosmetology, or a four thousand (4,000) hour
 42        course of instruction as an apprentice covering all phases of the practice
 43        of cosmetology.
 44        (d)  Successful  passage  of the examination for cosmetologist given under
 45        the direction of the board.
 46        (2)  As an  instructor  of  cosmetology,  nail  technology,  esthetics  or
 47    electrology:  twelve  (12)  semester  college  credit  hours  or equivalent as
 48    approved by the board or successful completion of the examination required  by
 49    board rules, and
 50        (a)  Hold  a  current  license  as  a  cosmetologist,  nail  technologist,
 51        esthetician  or  electrologist  and  satisfactory  completion of a six (6)
 52        month teacher's course of instruction in a school of cosmetology, or
 53        (b)  Two (2) years' experience as a licensed cosmetologist, nail technolo-
                                                                        
                                           4
                                                                        
  1        gist, esthetician or electrologist in a registered  cosmetological  estab-
  2        lishment and a three (3) month teacher's course of instruction in a school
  3        of cosmetology, or
  4        (c)  Five  (5)  years'  experience as a licensed cosmetologist, nail tech-
  5        nologist, esthetician or electrologist immediately preceding the  applica-
  6        tion for license.
  7        (3)  As a student:
  8        (a)  Be sixteen and one-half (16 1/2) years of age.
  9        (b)  Have completed at least two (2) years of high school education or its
 10        equivalent.
 11        (4)  As an apprentice:
 12        (a)  Be sixteen and one-half (16 1/2) years of age.
 13        (b)  Have completed at least two (2) years of high school education or its
 14        equivalent.
 15        (5)  As a nail technician:
 16        (a)  Be sixteen and one-half (16 1/2) years of age.
 17        (b)  Have completed at least two (2) years of high school education or its
 18        equivalent.
 19        (c)  Have completed and  graduated from at least a four hundred (400) hour
 20        course of instruction and graduated from such training in a board approved
 21        school, or an eight hundred (800) hour course of instruction as an appren-
 22        tice in a specified cosmetological establishment under the direct personal
 23        supervision  of a licensed cosmetology instructor, who shall have at least
 24        one (1) licensed nail technician on-site in the  specified  cosmetological
 25        establishment for each student being trained.
 26        (d)  Successful passage of the examination for nail technician given under
 27        the direction of the board.
 28        (6)  As an electrologist:
 29        (a)  Be sixteen and one-half (16 1/2) years of age.
 30        (b)  Have completed at least two (2) years of high school education or its
 31        equivalent.
 32        (c)  Have  completed  and  graduated  from at least an eight hundred (800)
 33        hour course of instruction and graduated from such training  in  a  school
 34        approved  by the board to teach electrology, or a one thousand six hundred
 35        (1,600) hour course  of  instruction  as  an  apprentice  in  a  specified
 36        cosmetological  establishment  under  the direct personal supervision of a
 37        licensed electrologist  instructor,  who  shall  have  at  least  one  (1)
 38        licensed  electrologist on-site in the specified cosmetological establish-
 39        ment as established by board rules.
 40        (d)  Successfully passed the examination for electrologist given under the
 41        direction of the board.
 42        (7)  As an esthetician:
 43        (a)  Be sixteen and one-half (16 1/2) years of age.
 44        (b)  Have completed at least two (2) years of high school education or its
 45        equivalent.
 46        (c)  Have completed and graduated from at least a six hundred  (600)  hour
 47        course  of instruction for such in a school approved by the board to teach
 48        esthetics or a one thousand two hundred (1,200) hour course of instruction
 49        as an apprentice in a specified  cosmetological  establishment  under  the
 50        direct  personal  supervision  of  a  licensed cosmetology instructor, who
 51        shall have at least one (1) licensed esthetician on-site in the  specified
 52        cosmetological establishment for each student being trained.
 53        (d)  Successfully  passed  the examination for esthetician given under the
 54        direction of the board.
 55        (8)  As a haircutter:
                                                                        
                                           5
                                                                        
  1        (a)  Be sixteen and one-half (16 1/2) years of age.
  2        (b)  Have completed at least two (2) years of high school education or its
  3        equivalent.
  4        (c)  Have completed and graduated from at least a nine hundred (900)  hour
  5        course  of instruction for such in a school approved by the board to teach
  6        haircutting.
  7        (d)  Successfully passed the examination for haircutter  given  under  the
  8        direction of the board.
                                                                        
  9        SECTION  4.  That  Section  54-808, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        54-808.  REGULATIONS FOR SCHOOLS. Every  domestic  school  of  cosmetology
 12    must  be licensed under the provisions of this chapter and shall meet the fol-
 13    lowing standards and provisions:
 14        (1)  Employ and maintain at least one (1) licensed  instructor  for  every
 15    twenty  (20) students or fraction thereof with a student instructor not count-
 16    ing as a student for purposes of the student-instructor ratio;
 17        (2)  Possess sufficient apparatus and equipment for the  proper  and  full
 18    teaching of all subjects of its curriculum;
 19        (3)  Keep a daily attendance record for each student;
 20        (4)  Maintain  regular  class and instruction hours, establish grades, and
 21    hold monthly examinations;
 22        (5)  Prescribe a school term for training in all phases of the practice of
 23    cosmetology;
 24        (6)  Provide applicable curriculums embracing subjects covering the scien-
 25    tific fundamentals for cosmetology, nail technology,  esthetics,  electrology,
 26    and instructors and haircutting as follows:
 27        (a)  The  curriculum  for cosmetology shall include hygiene, bacteriology,
 28        histology of the hair, skin, muscles, nails and nerves, structure  of  the
 29        head,  face  and  neck, elementary chemistry relating to sterilization and
 30        antiseptics, diseases of the skin, hair, glands and nails,  massaging  and
 31        manipulating  the  muscles  of the body, permanent waving, haircutting and
 32        arranging, dressing, coloring, bleaching and tinting of the hair, a  study
 33        of  electricity  as  applied  to cosmetology, and the Idaho laws and rules
 34        governing the practice of cosmetology;
 35        (b)  The curriculum for nail technology shall include hygiene,  bacteriol-
 36        ogy,  histology  of  the  hands and feet, skin, muscles, nails and nerves,
 37        structure of the hands and feet, elementary chemistry relating to  steril-
 38        ization and antiseptics, diseases of the skin, glands and nails, massaging
 39        and manipulating the muscles of the hands and feet, a study of electricity
 40        as  applied to nail technology, and the Idaho laws and rules governing the
 41        practice of nail technology;
 42        (c)  The curriculum for esthetics  shall  include  hygiene,  bacteriology,
 43        histology of the skin, muscles and nerves, structure of the head, face and
 44        neck, elementary chemistry relating to sterilization and antiseptics, dis-
 45        eases  of  the skin, glands and nails, massaging and manipulating the mus-
 46        cles of the body, a study of electricity as applied  to  cosmetology,  and
 47        the Idaho laws and rules governing the practice of esthetics;
 48        (d)  The  curriculum  for electrology shall include hygiene, bacteriology,
 49        histology of the hair, skin, muscles, nails and nerves, structure  of  the
 50        body, elementary chemistry relating to sterilization and antiseptics, dis-
 51        eases  of  the  skin,  hair,  glands  and nails, hypertrichosis, permanent
 52        removal of unwanted hair, a study of electricity as applied to electrology
 53        including the use and study of galvanic current, and the use and study  of
                                                                        
                                           6
                                                                        
  1        both  automatic  and manual high frequency current, and the Idaho laws and
  2        rules governing the practice of electrology;
  3        (e)  The curriculum for instructors shall include  fundamentals  of  adult
  4        education, communication, preparation of lesson plans, practical and theo-
  5        retical  presentation and demonstration, use of teaching aids, measurement
  6        and evaluation, and the Idaho laws and  rules  governing  cosmetology  and
  7        electrology,  in  addition  to  teaching  the  acts  prescribed in section
  8        54-802, Idaho Code;
  9        (f)  The curriculum for haircutting shall include  hygiene,  bacteriology,
 10        histology of the hair, skin, muscles and nerves, structure of the head and
 11        neck, elementary chemistry relating to sterilization and antiseptics, dis-
 12        eases of the skin, hair and glands, massaging and manipulating of the mus-
 13        cles  of  the head and neck, haircutting and arranging, the study of elec-
 14        tricity as applied to haircutting and Idaho laws and rules  governing  the
 15        practice of haircutting;
 16        (7)  Denote  with clarity that the establishment is a school and that work
 17    is done by students. Such fact shall be made clear to the patron by signs con-
 18    spicuously posted in the school and the adjoining shop, if any;
 19        (8)  All instructors must be licensed instructors in this state;
 20        (9)  Such school shall not permit any student  or  apprentice  to  receive
 21    instruction unless licensed under the provisions of this chapter;
 22        (10) Every  instructor shall devote his entire time during school or class
 23    hours to that of instructing the students and shall not apply his time to that
 24    of private or public practice;
 25        (11) School hours for the purpose of instruction shall be offered  on  not
 26    less than a five (5) day week;
 27        (12) Training  received  in  an establishment not meeting the requirements
 28    for schools as herein set forth shall receive credit for said training  as  an
 29    apprentice rather than as a student, provided said training meets the require-
 30    ments for apprentice training;
 31        (13) All  students,  including  those  enrolled for instructor's training,
 32    shall be registered by the school with the board, listing the name,  age,  and
 33    qualifications  of  the  student  required  for  such training. Forms for such
 34    enrollment may be provided by the board and a  register  of  such  enrollments
 35    shall  be  maintained  by  the board. Hours of instruction shall be registered
 36    with the board as established by board rules, and a student may  be  permitted
 37    to  transfer  the credits earned at one (1) school to another school with per-
 38    mission of the board;
 39        (14) Training received in electrology in a school shall not be  recognized
 40    unless  the  school  has  been approved for such training by the board and the
 41    school meets and maintains the requirements to train electrologists as  estab-
 42    lished by board rules;
 43        (15) Training  received  in  esthetics  shall not be recognized unless the
 44    school has been approved for such training by the board, and the school  meets
 45    and  maintains  the requirements to train estheticians as established by board
 46    rules;
 47        (16) Training received in nail technology shall not be  recognized  unless
 48    the  school  has  been approved for such training by the board, and the school
 49    meets and maintains the requirements to train nail technicians as  established
 50    by board rules;
 51        (17) Every school approved by the board shall deliver to the board, a bond
 52    to  the  state  of  Idaho  in a form approved by the board, and renew the same
 53    annually, in the sum of twenty-five thousand dollars ($25,000) executed  by  a
 54    corporate  surety company duly authorized to do business in this state, condi-
 55    tioned that such school shall continue to give its courses of instruction,  in
                                                                        
                                           7
                                                                        
  1    accordance  with  the  provisions  of this chapter, until it has completed all
  2    such courses for which students  have  enrolled,  and  conditioned  that  such
  3    school  shall  fully  comply  with  all  promises  or  representations made to
  4    enrolled students as an inducement to such students to enroll. Any student  so
  5    enrolled  who may be damaged by reason of the failure of such school to comply
  6    with such conditions, shall have a right of action in his or her own name,  on
  7    such bonds, for such damage;
  8        (18) Training  received  in haircutting shall not be recognized unless the
  9    school has been approved for such training by the board and the  school  meets
 10    and  maintains  the  requirements to train haircutters as established by board
 11    rules.
                                                                        
 12        SECTION 5.  That Section 54-818, Idaho Code, be, and the  same  is  hereby
 13    amended to read as follows:
                                                                        
 14        54-818.  FEES. The various fees to be paid by applicants for original reg-
 15    istrations,  original licenses, permits, annual renewals, fees for endorsement
 16    and examinations as required under this chapter shall be fixed by  administra-
 17    tive rules of the board in amounts not to exceed the following:
 18        (1)  Original permits, licenses, and annual renewals thereof:
 19    cosmetological establishment, original license ........................$ 50.00
 20    cosmetological establishment, annual renewals .........................  50.00
 21    retail cosmetics dealer, original license .............................  50.00
 22    retail cosmetics dealer, annual renewals ..............................  50.00
 23    makeover or glamour photography business, original license ............  50.00
 24    makeover or glamour photography business, annual renewals .............  50.00
 25    domestic school of cosmetology, original license ...................... 500.00
 26    domestic school of cosmetology, annual renewals ....................... 150.00
 27    registered cosmetologist, original license/annual renewals ............  50.00
 28    nail technician, original license/annual renewals .....................  50.00
 29    apprentice, original permit (no renewal fees required) ................  20.00
 30    student registration (no renewal fees required) .......................  20.00
 31    instructor, original license/annual renewals ..........................  50.00
 32    student instructor permit .............................................  25.00
 33    electrologist, original license/annual renewals .......................  50.00
 34    esthetician, original license/annual renewals .........................  50.00
 35    haircutter, original license/annual renewals ..........................  50.00
 36    endorsement fee ....................................................... 100.00
 37    temporary permit  to demonstrate and teach ............................  10.00
 38        (2)  Examination fees:
 39    as a registered cosmetologist ........................................ $100.00
 40    as a nail technician .................................................  100.00
 41    as an instructor .....................................................  100.00
 42    as an electrologist ..................................................  100.00
 43    as an esthetician ....................................................  100.00
 44    as a haircutter ......................................................  100.00
 45        Fees shall not be prorated or returnable.
                                                                        
 46        SECTION  6.  That  Chapter  8,  Title  54, Idaho Code, be, and the same is
 47    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 48    ignated as Section 54-824A, Idaho Code, and to read as follows:
                                                                        
 49        54-824A.  SANITATION.  (1)  Except as otherwise provided in subsection (2)
 50    of this section, all instruments used by persons  licensed  pursuant  to  this
 51    chapter  shall, after cleaning and prior to use on each patron, be disinfected
                                                                        
                                           8
                                                                        
  1    with a disinfecting agent registered  by  the  U.S.  environmental  protection
  2    agency as hospital grade or better.
  3        (2)  Nail instruments shall be sanitized in accordance with manufacturers'
  4    standards.
  5        (3)  Every  precaution shall be taken by persons licensed pursuant to this
  6    chapter to prevent the transfer of disease causing pathogens  from  person  to
  7    person.
                                                                        
  8        SECTION  7.  That  Chapter  8,  Title  54, Idaho Code, be, and the same is
  9    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 10    ignated as Section 54-837, Idaho Code, and to read as follows:
                                                                        
 11        54-837.  MINIMUM HOURS OF INSTRUCTION FOR CERTAIN SERVICES. A student cos-
 12    metologist  shall  not  be  permitted to render any chemical service to a live
 13    human until such student has completed at  least  five  percent  (5%)  of  the
 14    required instruction.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16019

This legislation will amend section 54-802, Idaho Code, to define
"Haircutting" and "Haircutter"; and amends section 54-805, Idaho
Code, to set forth requirements for a haircutter license.  It
also amends section 54-808, Idaho code, to set forth curriculum
and training requirements for haircutting, section 54-818, Idaho
Code, to provide fees for haircutter permits and examinations,
and to amend chapter 8, title 54, Idaho Code, by the addition of
a new section 54-824A, Idaho Code, to provide sanitation
standards.  It also amends Chapter 8, title 54, Idaho Code, by
the addition of a new section 54-837, Idaho Code, to require
minimum hours of instruction for student cosmetologists rendering
chemical services.


                            FISCAL NOTE

No fiscal impact to the general fund.





Contact
Name: Rep. Elaine Smith 
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                         H 723