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H0005.................................................by HEALTH AND WELFARE
COSMETICIANS - Amends existing law relating to cosmeticians to revise the
definitions for "cosmetology" and "esthetics."
01/15 House intro - 1st rdg - to printing
01/16 Rpt prt - to Health/Wel
02/13 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/16 3rd rdg - PASSED - 69-0-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
Speaker
NAYS -- None
Absent and excused -- Block
Floor Sponsor - Luker
Title apvd - to Senate
02/19 Senate intro - 1st rdg - to Com/HuRes
03/02 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Gannon, Schroeder
Floor Sponsor - Goedde
Title apvd - to House
03/07 To enrol
03/08 Rpt enrol - Sp signed
03/09 Pres signed - To Governor
03/12 Governor signed
Session Law Chapter 48
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 5
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO COSMETICIANS; AMENDING SECTION 54-802, IDAHO CODE, TO REVISE THE
3 DEFINITIONS FOR "COSMETOLOGY" AND "ESTHETICS" AND TO PROVIDE CORRECT TER-
4 MINOLOGY.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 54-802, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 54-802. DEFINITIONS. For the purpose of this chapter, the following defi-
9 nitions shall apply:
10 (1) "Cosmetology" shall constitute any one (1) or combination of the fol-
11 lowing practices when done upon the human body for cosmetic purposes and not
12 for the treatment of disease or physical or mental ailments:
13 (a) Cutting, trimming, arranging, dressing, curling, waving by any
14 method, cleansing, singeing, bleaching, coloring, or similar work upon the
15 hair.
16 (b) Applying Noninvasive care of the skin of the face and body by appli-
17 cation of cosmetic preparations, antiseptics, tonics, lotions, or creams,
18 or massaging, cleansing, exercising, beautifying, or similar applications
19 or work upon the scalp, face, neck, arms, hands, busts, or other parts of
20 the body and essential oils to cleanse, massage, exfoliate, hydrate and
21 stimulate; makeup application; pore extraction; use of chemical exfoliants
22 approved for professional esthetic use; particle exfoliation; use of any
23 mechanical or electrical apparatus or appliance designed for nonmedical
24 care of the skin; the temporary removal of superfluous hair by means of
25 lotions, creams, waxing, tweezing or depilatories, and tinting of eyebrows
26 and eyelashes.
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 herein refers to chapter 8, title 54,
20 Idaho 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 means noninvasive care of the skin of the face and body by
30 application of cosmetic preparations, antiseptics, tonics, lotions, or
31 creams, or massaging, cleansing, exercising, beautifying or similar appli-
32 cations of work to the human body.
33 (b) Nonpermanent hair removal by tweezing or waxing and essential oils to
34 cleanse, massage, exfoliate, hydrate and stimulate; makeup application;
35 pore extraction; use of chemical exfoliants approved for professional
36 esthetic use; particle exfoliation; use of any mechanical or electrical
37 apparatus or appliance designed for nonmedical care of the skin; the tem-
38 porary removal of superfluous hair by means of lotions, creams, waxing,
39 tweezing or depilatories, and tinting of eyebrows and eyelashes.
40 (18) "Esthetician" means any person licensed to practice esthetics.
41 (19) "Esthetics instructor" shall mean an esthetician who is licensed to
42 teach esthetics or any practice thereof in a school of cosmetology approved to
43 teach esthetics.
44 (20) "Electrologist instructor" shall mean an electrologist who is
45 licensed to teach electrology or any practices thereof in a school of cosme-
46 tology approved to teach electrology.
47 (21) "Student electrologist instructor" shall mean an electrologist who is
48 registered with the board in a school of cosmetology approved to teach
49 electrology to receive training to teach electrology.
50 (22) "Makeover or glamour photography business" means any business engaged
51 in the offering of photographic services to the general public and whose
52 employees engage in the facial application of cosmetic products or the arrang-
53 ing of the hair of customers in connection with the sale, or attempted sale,
54 of photographic services.
55 (23) "Retail cosmetics dealer" means a fixed retail business which offers
3
1 cosmetic products for sale at retail to members of the general public and
2 whose employees engage in the facial application of cosmetic products to cus-
3 tomers in connection with the sale, or attempted sale, of the products without
4 compensation from the customer other than the regular price of the merchan-
5 dise.
6 (24) "Demonstration, competition or production" means an organized event
7 of limited duration where cosmetology services may be performed, if sponsored
8 by a salon, school of cosmetology or cosmetology-related organization.
9 (25) "Haircutting" means cutting, trimming, arranging, dressing, curling,
10 cleansing, singeing or similar work upon the hair.
11 (26) "Haircutter" means any licensed person whose practice of cosmetology
12 is limited to haircutting.
STATEMENT OF PURPOSE
RS 16508C1
Amending section 54-802, Idaho Code, to update the definition for
esthetics to provide consistency with the training being
provided.
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 5