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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
]]]] 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.
]]]] 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;".
]]]] 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
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