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H0375.................................................by HEALTH AND WELFARE
COSMETOLOGY - Amends existing law relating to cosmeticians to revise
definitions; to revise provisions relating to license examinations; to
delete provisions for student licensure; to delete provisions requiring
schools of cosmetology to register students with the board; to permit
students to transfer credits earned at one school to another school; to
require certain documents and information related to licenses; to delete
references to certificate of registration and certificate; to delete
reference to registration relating to disciplinary actions and hearings; to
revise provisions relating to fees; to revise recordkeeping requirements;
to delete language directing the appointment of examining assistants; and
to require a register to be kept of all applications for licensure.
01/21 House intro - 1st rdg - to printing
01/22 Rpt prt - to Health/Wel
01/29 Ref'd to Bus
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 63-0-7
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Eskridge, Hagedorn, Hart,
Harwood, Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren,
Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mortimer,
Moyle, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(24), Smith(30)(Stanek),
Snodgrass, Stevenson, Thomas, Trail, Vander Woude, Wills, Wood(35)
NAYS -- None
Absent and excused -- Durst, Mathews, McGeachin, Nielsen, Thayn,
Wood(27), Mr. Speaker
Floor Sponsor - Snodgrass
Title apvd - to Senate
02/20 Senate intro - 1st rdg - to Health/Wel
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Gannon, Jorgenson
Floor Sponsor - Werk
Title apvd - to House
03/05 To enrol
03/06 Rpt enrol - Sp signed
03/07 Pres signed
03/10 To Governor
03/14 Governor signed
Session Law Chapter 86
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 375 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO COSMETICIANS; AMENDING SECTION 54-802, IDAHO CODE, TO REVISE DEFI- 3 NITIONS; AMENDING SECTION 54-805, IDAHO CODE, TO REVISE PROVISIONS RELAT- 4 ING TO LICENSE EXAMINATIONS AND TO DELETE PROVISIONS FOR STUDENT LICEN- 5 SURE; AMENDING SECTION 54-808, IDAHO CODE, TO DELETE PROVISIONS REQUIRING 6 SCHOOLS OF COSMETOLOGY TO REGISTER STUDENTS WITH THE BOARD, TO REGISTER 7 HOURS OF INSTRUCTION AND TO PERMIT STUDENTS TO TRANSFER CREDITS EARNED AT 8 ONE SCHOOL TO ANOTHER SCHOOL WITH PERMISSION OF THE BOARD; AMENDING SEC- 9 TION 54-809, IDAHO CODE, TO ADD A PROVISION THAT APPLICANTS PROVIDE CER- 10 TAIN DOCUMENTATION AND INFORMATION RELATED TO LICENSURE REQUIREMENTS; 11 AMENDING SECTION 54-810, IDAHO CODE, TO DELETE EXAMINATION PROVISIONS 12 RELATING TO TIMES AND PLACES OF EXAMINATIONS, ADDITIONAL TRAINING REQUIRE- 13 MENTS AND CONSEQUENCES OF FAILING TO APPEAR FOR EXAMINATION; AMENDING SEC- 14 TION 54-815, IDAHO CODE, TO DELETE REFERENCE TO CERTIFICATE OF REGISTRA- 15 TION AND CERTIFICATE; AMENDING SECTION 54-816, IDAHO CODE, TO DELETE REF- 16 ERENCE TO REGISTRATION; AMENDING SECTION 54-817, IDAHO CODE, TO DELETE 17 REFERENCE TO REGISTRATION AND TO REVISE TERMINOLOGY; AMENDING SECTION 18 54-818, IDAHO CODE, TO REVISE PROVISIONS RELATING TO FEES; AMENDING SEC- 19 TION 54-822, IDAHO CODE, TO REVISE PROVISIONS RELATING TO RECORDKEEPING BY 20 THE DEPARTMENT OF SELF-GOVERNING AGENCIES; AMENDING SECTION 54-831, IDAHO 21 CODE, TO DELETE LANGUAGE DIRECTING THE BOARD TO APPOINT EXAMINING ASSIS- 22 TANTS; AMENDING SECTION 54-832, IDAHO CODE, TO DELETE REFERENCE TO EXAMIN- 23 ING ASSISTANTS; AMENDING SECTION 54-834, IDAHO CODE, TO ADD A PROVISION 24 REQUIRING THE BOARD TO KEEP A REGISTER OF ALL APPLICATIONS FOR LICENSURE 25 AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 54-835, IDAHO 26 CODE, TO DELETE REFERENCE TO CERTIFICATE OF REGISTRATION. 27 Be It Enacted by the Legislature of the State of Idaho: 28 SECTION 1. That Section 54-802, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 54-802. DEFINITIONS. For the purpose of this chapter, the following defi- 31 nitions shall apply: 32 (1) "Cosmetology" shall constitute any one (1) or combination of the fol- 33 lowing practices when done upon the human body for cosmetic purposes and not 34 for the treatment of disease or physical or mental ailments: 35 (a) Cutting, trimming, arranging, dressing, curling, waving by any 36 method, cleansing, singeing, bleaching, coloring, or similar work upon the 37 hair. 38 (b) Noninvasive care of the skin of the face and body by application of 39 cosmetic preparations, antiseptics, tonics, lotions, creams and essential 40 oils to cleanse, massage, exfoliate, hydrate and stimulate; makeup appli- 41 cation; pore extraction; use of chemical exfoliants approved for profes- 42 sional esthetic use; particle exfoliation; use of any mechanical or elec- 43 trical apparatus or appliance designed for nonmedical care of the skin; 2 1 the temporary removal of superfluous hair by means of lotions, creams, 2 waxing, tweezing or depilatories, and tinting of eyebrows and eyelashes. 3 (c) Manicuring, pedicuring the nails, and the application of artificial 4 nails. 5 (2) "Registered cosmetologist" shall mean any person licensed to practice 6 cosmetology. 7 (3) "Nail technology" shall constitute any one (1) or more of the follow- 8 ing practices when done upon the human body: 9 (a) Manicuring, pedicuring the nails, and the application of all forms of 10 artificial nails. 11 (b) Massage of the hands and feet. 12 (4) "Nail technician" shall mean any licensed person whose practice of 13 cosmetology is limited to nail technology. 14 (5) "Nail technology instructor" shall mean a nail technologist who is 15 licensed to teach nail technology or any practice thereof in a school of cos- 16 metology. 17 (6) "Apprentice" shall mean any person registered with the board to 18 engage in the learning or acquiring of any or all of the practices of cosme- 19 tology in a licensed cosmetological establishment, and while so learning per- 20 forms or assists in any of the practices of cosmetology. 21 (7) "Student" shall mean any personregistered with the board toengaged 22 in the learning or acquiring of any or all of the practices of cosmetology in 23 a licensed school of cosmetology, and while so learning performs or assists in 24 any of the practices of cosmetology. 25 (8) "Instructor" shall mean a cosmetologist who is licensed to teach cos- 26 metology or any practices thereof in a school of cosmetology, school or col- 27 lege of barbering, or cosmetology establishment meeting the requirements for 28 apprenticeship training. 29 (9) "Student instructor" shall mean a cosmetologist who isregistered30with the boardin a school of cosmetology to receive training to teach cosme- 31 tology. 32 (10) "Cosmetological establishment" shall mean any licensed place or part 33 thereof other than a school of cosmetology wherein cosmetology is practiced. 34 (11) "School of cosmetology" shall mean any licensed place or part thereof 35 wherein cosmetology is taught to students. 36 (12) "Board" means the Idaho board of cosmetology. 37 (13) "Department" means the Idaho department of self-governing agencies. 38 (14) "Chapter" as used herein refers to chapter 8, title 54, Idaho Code. 39 (15) "Electrologist" means any person licensed to practice electrology and 40 who is skilled in the permanent removal of unwanted hair. 41 (16) "Electrolysis or electrology" means the permanent removal of hair by 42 destroying the hair producing cells of the skin and vascular system using 43 equipment and devices approved by and registered with the United States food 44 and drug administration. 45 (17) "Esthetics" means noninvasive care of the skin of the face and body 46 by application of cosmetic preparations, antiseptics, tonics, lotions, creams 47 and essential oils to cleanse, massage, exfoliate, hydrate and stimulate; 48 makeup application; pore extraction; use of chemical exfoliants approved for 49 professional esthetic use; particle exfoliation; use of any mechanical or 50 electrical apparatus or appliance designed for nonmedical care of the skin; 51 the temporary removal of superfluous hair by means of lotions, creams, waxing, 52 tweezing or depilatories, and tinting of eyebrows and eyelashes. 53 (18) "Esthetician" means any person licensed to practice esthetics. 54 (19) "Esthetics instructor" shall mean an esthetician who is licensed to 55 teach esthetics or any practice thereof in a school of cosmetology approved to 3 1 teach esthetics. 2 (20) "Electrologist instructor" shall mean an electrologist who is 3 licensed to teach electrology or any practices thereof in a school of cosme- 4 tology approved to teach electrology. 5 (21) "Student electrologist instructor" shall mean an electrologist who is 6registered with the boardin a school of cosmetology approved to teach 7 electrology to receive training to teach electrology. 8 (22) "Makeover or glamour photography business" means any business engaged 9 in the offering of photographic services to the general public and whose 10 employees engage in the facial application of cosmetic products or the arrang- 11 ing of the hair of customers in connection with the sale, or attempted sale, 12 of photographic services. 13 (23) "Retail cosmetics dealer" means a fixed retail business which offers 14 cosmetic products for sale at retail to members of the general public and 15 whose employees engage in the facial application of cosmetic products to cus- 16 tomers in connection with the sale, or attempted sale, of the products without 17 compensation from the customer other than the regular price of the merchan- 18 dise. 19 (24) "Demonstration, competition or production" means an organized event 20 of limited duration where cosmetology services may be performed, if sponsored 21 by a salon, school of cosmetology or cosmetology-related organization. 22 (25) "Haircutting" means cutting, trimming, arranging, dressing, curling, 23 cleansing, singeing or similar work upon the hair. 24 (26) "Haircutter" means any licensed person whose practice of cosmetology 25 is limited to haircutting. 26 SECTION 2. That Section 54-805, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 54-805. REQUIREMENTS FOR LICENSE. Except as herein otherwise provided, 29 the following shall be considered minimum requirements for license in the 30 respective categories, and all applicants shall be of good moral character 31 and temperate habits: 32 (1) As a registered cosmetologist: 33 (a) Be sixteen and one-half (16 1/2) years of age. 34 (b) Completion of two (2) years' high school education or its equivalent. 35 (c) Graduation from and completion of a two thousand (2,000) hour course 36 of instruction in a school of cosmetology, or a four thousand (4,000) hour 37 course of instruction as an apprentice covering all phases of the practice 38 of cosmetology. 39 (d) Successful passage ofthean examination for cosmetologistgiven40under the direction ofconducted by or acceptable to the board. 41 (2) As an instructor of cosmetology, nail technology, esthetics or 42 electrology: twelve (12) semester college credit hours or equivalent as 43 approved by the board or successful completion of the examination required by 44 board rules, and 45 (a) Hold a current license as a cosmetologist, nail technologist, 46 esthetician or electrologist and satisfactory completion of a six (6) 47 month teacher's course of instruction in a school of cosmetology, or 48 (b) Two (2) years' experience as a licensed cosmetologist, nail technolo- 49 gist, esthetician or electrologist in a registered cosmetological estab- 50 lishment and a three (3) month teacher's course of instruction in a school 51 of cosmetology, or 52 (c) Five (5) years' experience as a licensed cosmetologist, nail tech- 53 nologist, esthetician or electrologist immediately preceding the applica- 4 1 tion for license. 2 (3)As a student:3(a) Be sixteen and one-half (16 1/2) years of age.4(b) Have completed at least two (2) years of high school education or its5equivalent.6(4)As an apprentice: 7 (a) Be sixteen and one-half (16 1/2) years of age. 8 (b) Have completed at least two (2) years of high school education or its 9 equivalent. 10 (54) As a nail technician: 11 (a) Be sixteen and one-half (16 1/2) years of age. 12 (b) Have completed at least two (2) years of high school education or its 13 equivalent. 14 (c) Have completed and graduated from at least a four hundred (400) hour 15 course of instruction and graduated from such training in a board approved 16 school, or an eight hundred (800) hour course of instruction as an appren- 17 tice in a specified cosmetological establishment under the direct personal 18 supervision of a licensed cosmetology instructor, who shall have at least 19 one (1) licensed nail technician on-site in the specified cosmetological 20 establishment for each student being trained. 21 (d) Successful passage ofthean examination for nail techniciangiven22under the direction ofconducted by or acceptable to the board. 23 (65) As an electrologist: 24 (a) Be sixteen and one-half (16 1/2) years of age. 25 (b) Have completed at least two (2) years of high school education or its 26 equivalent. 27 (c) Have completed and graduated from at least an eight hundred (800) 28 hour course of instruction and graduated from such training in a school 29 approved by the board to teach electrology, or a one thousand six hundred 30 (1,600) hour course of instruction as an apprentice in a specified 31 cosmetological establishment under the direct personal supervision of a 32 licensed electrologist instructor, who shall have at least one (1) 33 licensed electrologist on-site in the specified cosmetological establish- 34 ment as established by board rules. 35 (d) Successfully passedthean examination for electrologistgiven under36the direction ofconducted by or acceptable to the board. 37 (76) As an esthetician: 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 (c) Have completed and graduated from at least a six hundred (600) hour 42 course of instruction for such in a school approved by the board to teach 43 esthetics or a one thousand two hundred (1,200) hour course of instruction 44 as an apprentice in a specified cosmetological establishment under the 45 direct personal supervision of a licensed cosmetology instructor, who 46 shall have at least one (1) licensed esthetician on-site in the specified 47 cosmetological establishment for each student being trained. 48 (d) Successfully passedthean examination for estheticiangiven under49the direction ofconducted by or acceptable to the board. 50 (87) As a haircutter: 51 (a) Be sixteen and one-half (16 1/2) years of age. 52 (b) Have completed at least two (2) years of high school education or its 53 equivalent. 54 (c) Have completed and graduated from at least a nine hundred (900) hour 55 course of instruction for such in a school approved by the board to teach 5 1 haircutting. 2 (d) Successfully passedthean examination for haircuttergiven under the3direction ofconducted by or acceptable to the board. 4 SECTION 3. That Section 54-808, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 54-808. REGULATIONS FOR SCHOOLS. Every domestic school of cosmetology 7 must be licensed under the provisions of this chapter and shall meet the fol- 8 lowing standards and provisions: 9 (1) Employ and maintain at least one (1) licensed instructor for every 10 twenty (20) students or fraction thereof with a student instructor not count- 11 ing as a student for purposes of the student-instructor ratio; 12 (2) Possess sufficient apparatus and equipment for the proper and full 13 teaching of all subjects of its curriculum; 14 (3) Keep a daily attendance record for each student; 15 (4) Maintain regular class and instruction hours, establish grades, and 16 hold monthly examinations; 17 (5) Prescribe a school term for training in all phases of the practice of 18 cosmetology; 19 (6) Provide applicable curriculums embracing subjects covering the scien- 20 tific fundamentals for cosmetology, nail technology, esthetics, electrology, 21 instructors and haircutting as follows: 22 (a) The curriculum for cosmetology shall include hygiene, bacteriology, 23 histology of the hair, skin, muscles, nails and nerves, structure of the 24 head, face and neck, elementary chemistry relating to sterilization and 25 antiseptics, diseases of the skin, hair, glands and nails, massaging and 26 manipulating the muscles of the body, permanent waving, haircutting and 27 arranging, dressing, coloring, bleaching and tinting of the hair, a study 28 of electricity as applied to cosmetology, and the Idaho laws and rules 29 governing the practice of cosmetology; 30 (b) The curriculum for nail technology shall include hygiene, bacteriol- 31 ogy, histology of the hands and feet, skin, muscles, nails and nerves, 32 structure of the hands and feet, elementary chemistry relating to steril- 33 ization and antiseptics, diseases of the skin, glands and nails, massaging 34 and manipulating the muscles of the hands and feet, a study of electricity 35 as applied to nail technology, and the Idaho laws and rules governing the 36 practice of nail technology; 37 (c) The curriculum for esthetics shall include hygiene, bacteriology, 38 histology of the skin, muscles and nerves, structure of the head, face and 39 neck, elementary chemistry relating to sterilization and antiseptics, dis- 40 eases of the skin, glands and nails, massaging and manipulating the mus- 41 cles of the body, a study of electricity as applied to cosmetology, and 42 the Idaho laws and rules governing the practice of esthetics; 43 (d) The curriculum for electrology shall include hygiene, bacteriology, 44 histology of the hair, skin, muscles, nails and nerves, structure of the 45 body, elementary chemistry relating to sterilization and antiseptics, dis- 46 eases of the skin, hair, glands and nails, hypertrichosis, permanent 47 removal of unwanted hair, a study of electricity as applied to electrology 48 including the use and study of galvanic current, and the use and study of 49 both automatic and manual high frequency current, and the Idaho laws and 50 rules governing the practice of electrology; 51 (e) The curriculum for instructors shall include fundamentals of adult 52 education, communication, preparation of lesson plans, practical and theo- 53 retical presentation and demonstration, use of teaching aids, measurement 6 1 and evaluation, and the Idaho laws and rules governing cosmetology and 2 electrology, in addition to teaching the acts prescribed in section 3 54-802, Idaho Code; 4 (f) The curriculum for haircutting shall include hygiene, bacteriology, 5 histology of the hair, skin, muscles and nerves, structure of the head and 6 neck, elementary chemistry relating to sterilization and antiseptics, dis- 7 eases of the skin, hair and glands, massaging and manipulating of the mus- 8 cles of the head and neck, haircutting and arranging, the study of elec- 9 tricity as applied to haircutting and Idaho laws and rules governing the 10 practice of haircutting; 11 (7) Denote with clarity that the establishment is a school and that work 12 is done by students. Such fact shall be made clear to the patron by signs con- 13 spicuously posted in the school and the adjoining shop, if any; 14 (8) All instructors must be licensed instructors in this state; 15 (9) Such school shall not permit any student or apprentice to receive 16 instruction unless licensed under the provisions of this chapter; 17 (10) Every instructor shall devote his entire time during school or class 18 hours to that of instructing the students and shall not apply his time to that 19 of private or public practice; 20 (11) School hours for the purpose of instruction shall be offered on not 21 less than a five (5) day week; 22 (12) Training received in an establishment not meeting the requirements 23 for schools as herein set forth shall receive credit for said training as an 24 apprentice rather than as a student, provided said training meets the require- 25 ments for apprentice training; 26 (13)All students, including those enrolled for instructor's training,27shall be registered by the school with the board, listing the name, age, and28qualifications of the student required for such training. Forms for such29enrollment may be provided by the board and a register of such enrollments30shall be maintained by the board. Hours of instruction shall be registered31with the board as established by board rules, and a student may be permitted32to transfer the credits earned at one (1) school to another school with per-33mission of the board;34(14)Training received in electrology in a school shall not be recognized 35 unless the school has been approved for such training by the board and the 36 school meets and maintains the requirements to train electrologists as estab- 37 lished by board rules; 38 (154) Training received in esthetics 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 estheticians as established by board 41 rules; 42 (165) Training received in nail technology shall not be recognized unless 43 the school has been approved for such training by the board, and the school 44 meets and maintains the requirements to train nail technicians as established 45 by board rules; 46 (176) Every school approved by the board shall deliver to the board, a 47 bond to the state of Idaho in a form approved by the board, and renew the same 48 annually, in the sum of twenty-five thousand dollars ($25,000) executed by a 49 corporate surety company duly authorized to do business in this state, condi- 50 tioned that such school shall continue to give its courses of instruction, in 51 accordance with the provisions of this chapter, until it has completed all 52 such courses for which students have enrolled, and conditioned that such 53 school shall fully comply with all promises or representations made to 54 enrolled students as an inducement to such students to enroll. Any student so 55 enrolled who may be damaged by reason of the failure of such school to comply 7 1 with such conditions, shall have a right of action in his or her own name, on 2 such bonds, for such damage; 3 (187) Training received in haircutting shall not be recognized unless the 4 school has been approved for such training by the board and the school meets 5 and maintains the requirements to train haircutters as established by board 6 rules. 7 SECTION 4. That Section 54-809, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 54-809. APPLICATIONS. Each applicant for a license shall: 10 (1) Make application to the board on forms authorized by the board and 11 furnished thereby, such application to contain proof under oath by the appli- 12 cant of the particular qualifications of the applicant and contain the names 13 and addresses of three (3) character references. 14 (2) Furnish to said board a passport photograph of the applicant taken 15 within the year preceding the filing of the application, together with a 16 description of the applicant. 17 (3) Pay to the board the required fee. 18 (4) Provide such documentation and information to establish that the 19 applicant meets the requirements for the license sought. 20 SECTION 5. That Section 54-810, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 54-810. EXAMINATIONS.Examinations shall be held at such times and places23as the board shall determine.The scope of the examinations and the methods of 24 procedure shall be prescribed by the board with special reference to the 25 applicant's general knowledge in the particular practices for which license is 26 sought, and the applicant's ability to perform the particular work satisfacto- 27 rily. Examinations shall include both a practical demonstration and written 28 test.Applicants who fail to pass an examination as prescribed by this chapter29must supply written evidence of additional training before they shall be eli-30gible to take another examination. The amount of such additional training and31the nature of the proof required shall be prescribed by rules of the board.32Failure to appear for an examination, unless excused by the board, shall cause33an immediate forfeiture of the application fee, and terminate the application.34 SECTION 6. That Section 54-815, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 54-815. RENEWAL AND REINSTATEMENT OF LICENSES. Every licenseor certifi-37cate of registrationrequired by this chapter must be renewed annually, at the 38 prescribed annual fee, in accordance with section 67-2614, Idaho Code. An 39 expired licenseor certificatemay be reinstated. All licenses issued under 40 the provisions of this chapter shall be subject to annual renewal and shall 41 expire unless renewed in the manner prescribed by the board regarding applica- 42 tions for renewal, continuing education, and fees. License renewal and rein- 43 statement shall be in accordance with section 67-2614, Idaho Code. The rein- 44 statement fee shall be the sum of the accumulated annual renewal fees for the 45 lapsed period, plus the current renewal fee and a twenty-five dollar ($25.00) 46 penalty. 47 SECTION 7. That Section 54-816, Idaho Code, be, and the same is hereby 48 amended to read as follows: 8 1 54-816. REFUSAL, REVOCATION OR SUSPENSION OFREGISTRATION ORLICENSE. The 2 board may either refuse to issue or renew, or may suspend or revoke, anyreg-3istration orlicense for any one (1) of the following causes: 4 (1) Conviction of a felony evidenced by a certified copy of the record of 5 the court of conviction; 6 (2) Malpractice or incompetency; 7 (3) Continued practice by a person knowingly having an infectious or con- 8 tagious disease; 9 (4) Advertising by means of knowingly false or deceptive statements; 10 (5) Habitual intoxication or addiction to the use of morphine, cocaine, 11 or other habit-forming drugs; 12 (6) Immoral or unprofessional conduct; 13 (7) Where the application is fraudulently made or theregistration or14 license fraudulently obtained; 15 (8) The violation of any of the provisions of this chapter, or rules 16 adopted pursuant thereto. 17 SECTION 8. That Section 54-817, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 54-817. HEARINGS. No refusal to renew, or the suspension or revocation 20 of, aregistration,permit or license shall be made until the person affected 21 has been given an opportunity to be heard on charges preferred in accordance 22 with the provisions of chapter 52, title 67, Idaho Code. Such charges shall be 23 in writing, and shall be sworn to by the person making them, and shall be 24 filed with the board. 25 All charges, unless dismissed as unfounded or trivial, shall be heard 26 within four (4) months after the date on which they are received by the board. 27 All charges shall be heard by the board at such time and place as it shall 28 fix, and a copy of the charges, together with a notice of the time and place 29 of hearing, shall be personally served on, or sent by registered mail to the 30 last known address of suchregistrantlicensee or permittee at least twenty 31 (20) days before the date set for the hearing. At any hearing the accusedreg-32istrantlicensee or permittee shall have the right to appear personally or by 33 counsel and to call witnesses in his own defense. 34 The board may subpoena witnesses and compel their attendance, and also may 35 require the production of books, papers, documents, etc., in a case involving 36 the revocation or suspension of a license, permitor registrationor the prac- 37 ticing or offering to practice without a license, or permit.or registration.38 If any person shall refuse to obey any subpoena so issued, or shall refuse to 39 testify or produce any books, papers, or documents, the board may present its 40 petition to the district judge of the district in which the witness may be 41 found, setting forth the proceedings theretofore taken and briefly stating the 42 subject matter upon which the testimony of the witness is required; thereupon 43 such district judge may cause an order to be issued requiring such witness to 44 appear before the board to testify and to produce such books, papers, and 45 other documents as directed in the subpoena. Any person failing or refusing to 46 obey such order shall be punished as for contempt of court. 47 SECTION 9. 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 originalreg-50istrations, originallicenses, permits, annual renewals, and fees for endorse- 51 ment and examinations as required under this chapter shall be fixed by admin- 9 1 istrative rules of the board in amounts not to exceed the following: 2 (1) Original applications, permits, licenses, and annual renewals 3 thereof: 4 cosmetological establishment, original license ........................$ 50.00 5 cosmetological establishment, annual renewals ......................... 50.00 6 retail cosmetics dealer, original license ............................. 50.00 7 retail cosmetics dealer, annual renewals .............................. 50.00 8 makeover or glamour photography business, original license ............ 50.00 9 makeover or glamour photography business, annual renewals ............. 50.00 10 domestic school of cosmetology, original license ...................... 500.00 11 domestic school of cosmetology, annual renewals ....................... 150.00 12 registered cosmetologist, original license/annual renewals ............ 50.00 13 nail technician, original license/annual renewals ..................... 50.00 14 apprentice, original permit (no renewal fees required) ................ 20.00 15student registration (no renewal fees required) ....................... 20.0016 instructor, original license/annual renewals .......................... 50.00 17student instructor permit ............................................. 25.0018 electrologist, original license/annual renewals ....................... 50.00 19 esthetician, original license/annual renewals ......................... 50.00 20 haircutter, original license/annual renewals .......................... 50.00 21 endorsement fee ....................................................... 100.00 22 temporary permit to demonstrate and teach ............................ 10.00 23 (2) Examination fees: 24as a registered cosmetologist ........................................ $100.0025as a nail technician ................................................. 100.0026as an instructor ..................................................... 100.0027as an electrologist .................................................. 100.0028as an esthetician .................................................... 100.0029as a haircutter ...................................................... 100.0030 The fee for examination, when required, shall be equal to that charged by 31 the national examining entity. Fees shall not be prorated or returnable. 32 SECTION 10. That Section 54-822, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 54-822. PUBLIC RECORDS FOR LICENSES. The department shall keepin a book35appropriate for that purposea public record of all applications for licenses, 36 the action of the department thereon, of all licenses issued and of all 37 licenses revoked or forfeited with the reasons for such revocation or forfei- 38 ture and of all renewals. 39 SECTION 11. That Section 54-831, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 54-831. BOARD -- ORGANIZATION AND MEETINGS. The board shall hold a meet- 42 ing within thirty (30) days after its members are first appointed, and there- 43 after board meetings shall be held at such times and places as may be decided 44 upon. 45 The board shall adopt such bylaws as it deems necessary and proper for the 46 conduct of its business, and shall appoint persons licensed under the provi-47sions of this chapter to serve as examining assistants for terms of three (3)48years who shall assist the board in the administration of licensure examina-49tions. The board shall annually elect a chairman, vice-chairman, and secretary 50 from among its members. A majority of the members of the board shall consti- 51 tute a quorum. 10 1 SECTION 12. That Section 54-832, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 54-832. COMPENSATION AND EXPENSES OF BOARD MEMBERS. Each member of the 4 boardand each examining assistantshall be compensated as provided by section 5 59-509(n), Idaho Code. 6 SECTION 13. That Section 54-834, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 54-834. RECORDS AND REPORTS. The board shall keep a permanent record of 9 its proceedings and a register of all applications for registration or licen- 10 sure, which register shall show;: 11 (a) the name, age, and residence of applicant; 12 (b) the date of the application; 13 (c) the location of applicant's place of occupation or business; 14 (d) the applicant's educational and other qualifications; 15 (e) whether registration or licensure was granted or denied; 16 (f) the dates of action by the board; and 17 (g) such other information as may be deemed necessary by the board. 18 The records of the board shall be kept in the bureau of occupational 19 licenses offices, and the records of the board shall be prima facie evidence 20 of the proceedings of the board set forth therein. A transcript of the board 21 records, duly certified by the secretary of the board or the bureau chief, 22 shall be admissible in evidence in place of, and with the same force and 23 effect as, the original records. 24 SECTION 14. That Section 54-835, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 54-835. JUDICIAL REVIEW. Any person who shall feel aggrieved by any 27 action of the board in denying, suspending, or revoking his licenseor certif-28icate of registrationmay seek judicial review of such action in accordance 29 with the provisions of chapter 52, title 67, Idaho Code.
STATEMENT OF PURPOSE
RS 17393
This bill will remove language which requires that the
examination for licensure be conducted by the board of
cosmetology to allow a third party examination administrator to
conduct the examination. This bill will also remove language
that requires the students enrolled in an Idaho licensed school
to be registered with the board.
FISCAL IMPACT
There is no impact on general funds. There will be an impact on
dedicated funds. This change would reduce the revenues of the
board by approximately $22,380 per year for student
registrations. The examination fee change would reduce the
revenue but the cost to administer the examination will no longer
be expended so there will be no net impact.
CONTACT:
Name: Tana Cory
Agency: Bureau of Occupational Licenses
Phone: (208) 334-3233
Statement of Purpose/Fiscal Impact H 375
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