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H0006.................................................by HEALTH AND WELFARE
COSMETICIANS - Amends and repeals existing law relating to cosmeticians to
revise definitions; to remove language referencing apprentice instruction,
qualifications and training; to repeal provisions relating to the practice
of apprentice; and to remove a fee applicable to apprentices.
01/15 House intro - 1st rdg - to printing
01/16 Rpt prt - to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 6
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO COSMETICIANS; AMENDING SECTION 54-802, IDAHO CODE, TO REMOVE THE
3 DEFINITION FOR "APPRENTICE" AND TO REVISE DEFINITIONS; AMENDING SECTION
4 54-805, IDAHO CODE, TO REMOVE LANGUAGE REFERENCING APPRENTICE INSTRUCTION
5 AND QUALIFICATIONS; REPEALING SECTION 54-807, IDAHO CODE, RELATING TO THE
6 PRACTICE OF APPRENTICE; AMENDING SECTION 54-808, IDAHO CODE, TO REMOVE
7 REFERENCES TO APPRENTICE INSTRUCTION AND TRAINING; AMENDING SECTION
8 54-818, IDAHO CODE, TO REMOVE A FEE APPLICABLE TO APPRENTICES; AMENDING
9 SECTION 54-819, IDAHO CODE, TO DELETE A REFERENCE TO AN APPRENTICE AND TO
10 PROVIDE CORRECT TERMINOLOGY; AND AMENDING SECTION 54-827, IDAHO CODE, TO
11 REMOVE LANGUAGE RELATING TO APPRENTICES AND TO MAKE A TECHNICAL CORREC-
12 TION.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 54-802, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 54-802. DEFINITIONS. For the purpose of this chapter, the following defi-
17 nitions shall apply:
18 (1) "Cosmetology" shall constitute any one (1) or combination of the fol-
19 lowing practices when done upon the human body for cosmetic purposes and not
20 for the treatment of disease or physical or mental ailments:
21 (a) Cutting, trimming, arranging, dressing, curling, waving by any
22 method, cleansing, singeing, bleaching, coloring, or similar work upon the
23 hair.
24 (b) Applying cosmetic preparations, antiseptics, tonics, lotions or
25 creams, or massaging, cleansing, exercising, beautifying, or similar
26 applications or work upon the scalp, face, neck, arms, hands, busts, or
27 other parts of the body.
28 (c) Manicuring, pedicuring the nails, and the application of artificial
29 nails.
30 (2) "Registered cosmetologist" shall mean any person licensed to practice
31 cosmetology.
32 (3) "Nail technology" shall constitute any one (1) or more of the follow-
33 ing practices when done upon the human body:
34 (a) Manicuring, pedicuring the nails, and the application of all forms of
35 artificial nails.
36 (b) Massage of the hands and feet.
37 (4) "Nail technician" shall mean any licensed person whose practice of
38 cosmetology is limited to nail technology.
39 (5) "Nail technology instructor" shall mean a nail technologist who is
40 licensed to teach nail technology or any practice thereof in a school of cos-
41 metology.
42 (6) "Apprentice" shall mean any person registered with the board to
43 engage in the learning or acquiring of any or all of the practices of cosme-
2
1 tology in a licensed cosmetological establishment, and while so learning per-
2 forms or assists in any of the practices of cosmetology.
3 (7) "Student" shall mean any person registered with the board to engage
4 in the learning or acquiring of any or all of the practices of cosmetology in
5 a licensed school of cosmetology, and while so learning performs or assists in
6 any of the practices of cosmetology.
7 (87) "Instructor" shall mean a cosmetologist who is licensed to teach
8 cosmetology or any practices thereof in a school of cosmetology, or school or
9 college of barbering, or cosmetology establishment meeting the requirements
10 for apprenticeship training.
11 (98) "Student instructor" shall mean a cosmetologist who is registered
12 with the board in a school of cosmetology to receive training to teach cosme-
13 tology.
14 (109) "Cosmetological establishment" shall mean any licensed place or
15 part thereof other than a school of cosmetology wherein cosmetology is prac-
16 ticed.
17 (110) "School of cosmetology" shall mean any licensed place or part
18 thereof wherein cosmetology is taught to students.
19 (121) "Board" means the Idaho board of cosmetology.
20 (132) "Department" means the Idaho department of self-governing agencies.
21 (143) "Chapter" as used in this act herein refers to chapter 8, title 54,
22 Idaho Code.
23 (154) "Electrologist" means any person licensed to practice electrology
24 and who is skilled in the permanent removal of unwanted hair.
25 (165) "Electrolysis or electrology" means the permanent removal of hair by
26 destroying the hair producing cells of the skin and vascular system using
27 equipment and devices approved by and registered with the United States food
28 and drug administration.
29 (176) "Esthetics" shall constitute any one (1) or combination of the fol-
30 lowing practices when done on the human body:
31 (a) Applying cosmetic preparations, antiseptics, tonics, lotions or
32 creams, or massaging, cleansing, exercising, beautifying or similar appli-
33 cations of work to the human body.
34 (b) Nonpermanent hair removal by tweezing or waxing.
35 (187) "Esthetician" means any person licensed to practice esthetics.
36 (198) "Esthetics instructor" shall mean an esthetician who is licensed to
37 teach esthetics or any practice thereof in a school of cosmetology approved to
38 teach esthetics.
39 (2019) "Electrologist instructor" shall mean an electrologist who is
40 licensed to teach electrology or any practices thereof in a school of cosme-
41 tology approved to teach electrology.
42 (210) "Student electrologist instructor" shall mean an electrologist who
43 is registered with the board in a school of cosmetology approved to teach
44 electrology to receive training to teach electrology.
45 (221) "Makeover or glamour photography business" means any business
46 engaged in the offering of photographic services to the general public and
47 whose employees engage in the facial application of cosmetic products or the
48 arranging of the hair of customers in connection with the sale, or attempted
49 sale, of photographic services.
50 (232) "Retail cosmetics dealer" means a fixed retail business which offers
51 cosmetic products for sale at retail to members of the general public and
52 whose employees engage in the facial application of cosmetic products to cus-
53 tomers in connection with the sale, or attempted sale, of the products without
54 compensation from the customer other than the regular price of the merchan-
55 dise.
3
1 (243) "Demonstration, competition or production" means an organized event
2 of limited duration where cosmetology services may be performed, if sponsored
3 by a salon, school of cosmetology or cosmetology-related organization.
4 (254) "Haircutting" means cutting, trimming, arranging, dressing, curling,
5 cleansing, singeing or similar work upon the hair.
6 (265) "Haircutter" means any licensed person whose practice of cosmetology
7 is limited to haircutting.
8 SECTION 2. That Section 54-805, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 54-805. REQUIREMENTS FOR LICENSE. Except as herein otherwise provided,
11 the following shall be considered minimum requirements for license in the
12 respective categories, and all applicants shall be of good moral character
13 and temperate habits:
14 (1) As a registered cosmetologist:
15 (a) Be sixteen and one-half (16 1/2) years of age.
16 (b) Completion of two (2) years' high school education or its equivalent.
17 (c) Graduation from and completion of a two thousand (2,000) hour course
18 of instruction in a school of cosmetology, or a four thousand (4,000) hour
19 course of instruction as an apprentice covering all phases of the practice
20 of cosmetology.
21 (d) Successful passage of the examination for cosmetologist given under
22 the direction of the board.
23 (2) As an instructor of cosmetology, nail technology, esthetics or
24 electrology: twelve (12) semester college credit hours or equivalent as
25 approved by the board or successful completion of the examination required by
26 board rules, and
27 (a) Hold a current license as a cosmetologist, nail technologist,
28 esthetician or electrologist and satisfactory completion of a six (6)
29 month teacher's course of instruction in a school of cosmetology, or
30 (b) Two (2) years' experience as a licensed cosmetologist, nail technolo-
31 gist, esthetician or electrologist in a registered cosmetological estab-
32 lishment and a three (3) month teacher's course of instruction in a school
33 of cosmetology, or
34 (c) Five (5) years' experience as a licensed cosmetologist, nail tech-
35 nologist, esthetician or electrologist immediately preceding the applica-
36 tion for license.
37 (3) As a student:
38 (a) Be sixteen and one-half (16 1/2) years of age.
39 (b) Have completed at least two (2) years of high school education or its
40 equivalent.
41 (4) As an apprentice:
42 (a) Be sixteen and one-half (16 1/2) years of age.
43 (b) Have completed at least two (2) years of high school education or its
44 equivalent.
45 (5) As a nail technician:
46 (a) Be sixteen and one-half (16 1/2) years of age.
47 (b) Have completed at least two (2) years of high school education or its
48 equivalent.
49 (c) Have completed and graduated from at least a four hundred (400) hour
50 course of instruction and graduated from such training in a board approved
51 school., or an eight hundred (800) hour course of instruction as an
52 apprentice in a specified cosmetological establishment under the direct
53 personal supervision of a licensed cosmetology instructor, who shall have
4
1 at least one (1) licensed nail technician on-site in the specified
2 cosmetological establishment for each student being trained.
3 (d) Successful passage of the examination for nail technician given under
4 the direction of the board.
5 (65) As an electrologist:
6 (a) Be sixteen and one-half (16 1/2) years of age.
7 (b) Have completed at least two (2) years of high school education or its
8 equivalent.
9 (c) Have completed and graduated from at least an eight hundred (800)
10 hour course of instruction and graduated from such training in a school
11 approved by the board to teach electrology., or a one thousand six hundred
12 (1,600) hour course of instruction as an apprentice in a specified
13 cosmetological establishment under the direct personal supervision of a
14 licensed electrologist instructor, who shall have at least one (1)
15 licensed electrologist on-site in the specified cosmetological establish-
16 ment as established by board rules.
17 (d) Successfully passed the examination for electrologist given under the
18 direction of the board.
19 (76) As an esthetician:
20 (a) Be sixteen and one-half (16 1/2) years of age.
21 (b) Have completed at least two (2) years of high school education or its
22 equivalent.
23 (c) Have completed and graduated from at least a six hundred (600) hour
24 course of instruction for such in a school approved by the board to teach
25 esthetics. or a one thousand two hundred (1,200) hour course of instruc-
26 tion as an apprentice in a specified cosmetological establishment under
27 the direct personal supervision of a licensed cosmetology instructor, who
28 shall have at least one (1) licensed esthetician on-site in the specified
29 cosmetological establishment for each student being trained.
30 (d) Successfully passed the examination for esthetician given under the
31 direction of the board.
32 (87) As a haircutter:
33 (a) Be sixteen and one-half (16 1/2) years of age.
34 (b) Have completed at least two (2) years of high school education or its
35 equivalent.
36 (c) Have completed and graduated from at least a nine hundred (900) hour
37 course of instruction for such in a school approved by the board to teach
38 haircutting.
39 (d) Successfully passed the examination for haircutter given under the
40 direction of the board.
41 SECTION 3. That Section 54-807, Idaho Code, be, and the same is hereby
42 repealed.
43 SECTION 4. That Section 54-808, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 54-808. REGULATIONS FOR SCHOOLS. Every domestic school of cosmetology
46 must be licensed under the provisions of this chapter and shall meet the fol-
47 lowing standards and provisions:
48 (1) Employ and maintain at least one (1) licensed instructor for every
49 twenty (20) students or fraction thereof with a student instructor not count-
50 ing as a student for purposes of the student-instructor ratio;
51 (2) Possess sufficient apparatus and equipment for the proper and full
52 teaching of all subjects of its curriculum;
5
1 (3) Keep a daily attendance record for each student;
2 (4) Maintain regular class and instruction hours, establish grades, and
3 hold monthly examinations;
4 (5) Prescribe a school term for training in all phases of the practice of
5 cosmetology;
6 (6) Provide applicable curriculums embracing subjects covering the scien-
7 tific fundamentals for cosmetology, nail technology, esthetics, electrology,
8 instructors and haircutting as follows:
9 (a) The curriculum for cosmetology shall include hygiene, bacteriology,
10 histology of the hair, skin, muscles, nails and nerves, structure of the
11 head, face and neck, elementary chemistry relating to sterilization and
12 antiseptics, diseases of the skin, hair, glands and nails, massaging and
13 manipulating the muscles of the body, permanent waving, haircutting and
14 arranging, dressing, coloring, bleaching and tinting of the hair, a study
15 of electricity as applied to cosmetology, and the Idaho laws and rules
16 governing the practice of cosmetology;
17 (b) The curriculum for nail technology shall include hygiene, bacteriol-
18 ogy, histology of the hands and feet, skin, muscles, nails and nerves,
19 structure of the hands and feet, elementary chemistry relating to steril-
20 ization and antiseptics, diseases of the skin, glands and nails, massaging
21 and manipulating the muscles of the hands and feet, a study of electricity
22 as applied to nail technology, and the Idaho laws and rules governing the
23 practice of nail technology;
24 (c) The curriculum for esthetics shall include hygiene, bacteriology,
25 histology of the skin, muscles and nerves, structure of the head, face and
26 neck, elementary chemistry relating to sterilization and antiseptics, dis-
27 eases of the skin, glands and nails, massaging and manipulating the mus-
28 cles of the body, a study of electricity as applied to cosmetology, and
29 the Idaho laws and rules governing the practice of esthetics;
30 (d) The curriculum for electrology shall include hygiene, bacteriology,
31 histology of the hair, skin, muscles, nails and nerves, structure of the
32 body, elementary chemistry relating to sterilization and antiseptics, dis-
33 eases of the skin, hair, glands and nails, hypertrichosis, permanent
34 removal of unwanted hair, a study of electricity as applied to electrology
35 including the use and study of galvanic current, and the use and study of
36 both automatic and manual high frequency current, and the Idaho laws and
37 rules governing the practice of electrology;
38 (e) The curriculum for instructors shall include fundamentals of adult
39 education, communication, preparation of lesson plans, practical and theo-
40 retical presentation and demonstration, use of teaching aids, measurement
41 and evaluation, and the Idaho laws and rules governing cosmetology and
42 electrology, in addition to teaching the acts prescribed in section
43 54-802, Idaho Code;
44 (f) The curriculum for haircutting shall include hygiene, bacteriology,
45 histology of the hair, skin, muscles and nerves, structure of the head and
46 neck, elementary chemistry relating to sterilization and antiseptics, dis-
47 eases of the skin, hair and glands, massaging and manipulating of the mus-
48 cles of the head and neck, haircutting and arranging, the study of elec-
49 tricity as applied to haircutting and Idaho laws and rules governing the
50 practice of haircutting;
51 (7) Denote with clarity that the establishment is a school and that work
52 is done by students. Such fact shall be made clear to the patron by signs con-
53 spicuously posted in the school and the adjoining shop, if any;
54 (8) All instructors must be licensed instructors in this state;
55 (9) Such school shall not permit any student or apprentice to receive
6
1 instruction unless licensed under the provisions of this chapter;
2 (10) Every instructor shall devote his entire time during school or class
3 hours to that of instructing the students and shall not apply his time to that
4 of private or public practice;
5 (11) School hours for the purpose of instruction shall be offered on not
6 less than a five (5) day week;
7 (12) Training received in an establishment not meeting the requirements
8 for schools as herein set forth shall receive credit for said training as an
9 apprentice rather than as a student, provided said training meets the require-
10 ments for apprentice training;
11 (13) All students, including those enrolled for instructor's training,
12 shall be registered by the school with the board, listing the name, age, and
13 qualifications of the student required for such training. Forms for such
14 enrollment may be provided by the board and a register of such enrollments
15 shall be maintained by the board. Hours of instruction shall be registered
16 with the board as established by board rules, and a student may be permitted
17 to transfer the credits earned at one (1) school to another school with per-
18 mission of the board;
19 (143) Training received in electrology in a school shall not be recognized
20 unless the school has been approved for such training by the board and the
21 school meets and maintains the requirements to train electrologists as estab-
22 lished by board rules;
23 (154) Training received in esthetics shall not be recognized unless the
24 school has been approved for such training by the board, and the school meets
25 and maintains the requirements to train estheticians as established by board
26 rules;
27 (165) Training received in nail technology shall not be recognized unless
28 the school has been approved for such training by the board, and the school
29 meets and maintains the requirements to train nail technicians as established
30 by board rules;
31 (176) Every school approved by the board shall deliver to the board, a
32 bond to the state of Idaho in a form approved by the board, and renew the same
33 annually, in the sum of twenty-five thousand dollars ($25,000) executed by a
34 corporate surety company duly authorized to do business in this state, condi-
35 tioned that such school shall continue to give its courses of instruction, in
36 accordance with the provisions of this chapter, until it has completed all
37 such courses for which students have enrolled, and conditioned that such
38 school shall fully comply with all promises or representations made to
39 enrolled students as an inducement to such students to enroll. Any student so
40 enrolled who may be damaged by reason of the failure of such school to comply
41 with such conditions, shall have a right of action in his or her own name, on
42 such bonds, for such damage;
43 (187) Training received in haircutting shall not be recognized unless the
44 school has been approved for such training by the board and the school meets
45 and maintains the requirements to train haircutters as established by board
46 rules.
47 SECTION 5. That Section 54-818, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 54-818. FEES. The various fees to be paid by applicants for original reg-
50 istrations, original licenses, permits, annual renewals, fees for endorsement
51 and examinations as required under this chapter shall be fixed by administra-
52 tive rules of the board in amounts not to exceed the following:
53 (1) Original permits, licenses, and annual renewals thereof:
7
1 cosmetological establishment, original license ........................$ 50.00
2 cosmetological establishment, annual renewals ......................... 50.00
3 retail cosmetics dealer, original license ............................. 50.00
4 retail cosmetics dealer, annual renewals .............................. 50.00
5 makeover or glamour photography business, original license ............ 50.00
6 makeover or glamour photography business, annual renewals ............. 50.00
7 domestic school of cosmetology, original license ...................... 500.00
8 domestic school of cosmetology, annual renewals ....................... 150.00
9 registered cosmetologist, original license/annual renewals ............ 50.00
10 nail technician, original license/annual renewals ..................... 50.00
11 apprentice, original permit (no renewal fees required) ................ 20.00
12 student registration (no renewal fees required) ....................... 20.00
13 instructor, original license/annual renewals .......................... 50.00
14 student instructor permit ............................................. 25.00
15 electrologist, original license/annual renewals ....................... 50.00
16 esthetician, original license/annual renewals ......................... 50.00
17 haircutter, original license/annual renewals .......................... 50.00
18 endorsement fee ....................................................... 100.00
19 temporary permit to demonstrate and teach ............................ 10.00
20 (2) Examination fees:
21 as a registered cosmetologist ........................................ $100.00
22 as a nail technician ................................................. 100.00
23 as an instructor ..................................................... 100.00
24 as an electrologist .................................................. 100.00
25 as an esthetician .................................................... 100.00
26 as a haircutter ...................................................... 100.00
27 Fees shall not be prorated or returnable.
28 SECTION 6. That Section 54-819, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 54-819. CERTAIN ACTS PROHIBITED. The following acts shall be unlawful and
31 punishable as a misdemeanor:
32 (1) The violation of any of the provisions of this chapter;
33 (2) Permitting any person in one's employ, supervision or control to
34 practice cosmetology or electrology or as an apprentice or a student unless
35 that person has complied with the provisions of this act chapter;
36 (3) Obtaining or attempting to obtain a registration, permit or license
37 for money other than the required fee, or any other thing of value, or by
38 fraudulent misrepresentation;
39 (4) Practicing or offering to practice any of the occupations defined in
40 this chapter, unless licensed as herein provided;
41 (5) Maintaining or operating a cosmetological establishment, a retail
42 cosmetics dealer, or a school of cosmetology unless such facility is licensed
43 as herein provided.
44 SECTION 7. That Section 54-827, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 54-827. PERMIT TO DEMONSTRATE OR TEACH COSMETOLOGY. (1) Upon application,
47 and payment of the required fee, the board shall grant a temporary permit
48 authorizing a person to practice, demonstrate or teach cosmetology, or perform
49 any one (1) or more of such functions in the following instances:
50 (a) When such permit is sought primarily for educational or demonstration
51 purposes and the person making application therefore therefor is licensed
8
1 or qualified through proper documentation to practice or teach cosmetology
2 in this or any other state, territory, possession of the United States or
3 foreign country, and presents satisfactory evidence of that fact. When a
4 permit is issued for this purpose, it shall specify the time and place
5 when and where such educational demonstrations shall take place, and the
6 permit shall be limited to such time and place, and in no instance shall
7 said permit be for a period in excess of thirty (30) days.
8 (b) When a permit is requested for educational or demonstration purposes
9 by a licensed school on behalf of its students currently enrolled. or a
10 licensed cosmetologist on behalf of an apprentice. When a permit is issued
11 for this purpose, it shall specify those students or apprentices eligible
12 to participate and the time and place of the education demonstration; and
13 the permit shall be limited to those individuals and time and place. In no
14 instance shall the permit be for a period in excess of seven (7) days.
15 (2) Facilities used for cosmetological services pursuant to a permit
16 obtained under subsection (1)(a) or (1)(b) of this section shall be exempt
17 from the requirements for licensed establishments set forth in section 54-803
18 1., Idaho Code. However, the facility and permit holder shall observe and com-
19 ply with the inspection and sanitation requirements established by board rule.
STATEMENT OF PURPOSE
RS 16573
Amend section 54-807, Idaho Code, to eliminate the practice of
apprentices in Idaho. The Idaho Board of Cosmetology has
concluded that apprentices were not being adequately trained due
to the low examination pass rate and that the public and
apprentices were not being protected.
FISCAL NOTE
There is no impact on general or dedicated funds.
Contact
Name: Tana Cory
Agency: Occupational License, Bureau
Phone: (208) 334-3233
STATEMENT OF PURPOSE/FISCAL NOTE H 6