HOUSE BILL NO. 713, As Amended

View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and Underline. Text to be removed has been marked with Strikethrough and Italic. How these codes are actually displayed will vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating text to be removed.

Daily Data Tracking History



H0713aa....................................................by STATE AFFAIRS
TATTOOING, BODY PIERCING, PERMANENT COSMETICS - Adds to and amends existing
law relating to cosmeticians to provide definitions, to provide for the
licensure of persons who practice tattooing, body piercing and permanent
cosmetics, to provide for licensure of facilities where such services are
offered and to provide fees.

02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to Bus
02/26    Rpt out - to Gen Ord
03/04    Rpt out amen - to engros
03/05    Rpt engros - 1st rdg - to 2nd rdg as amen
03/06    2nd rdg - to 3rd rdg as amen
03/11    3rd rdg as amen - PASSED - 55-8-7
      AYES -- Barrett, Bell, Bieter, Bivens, Black(15), Black(23),
      Callister, Campbell, Crane, Cuddy, Deal, Denney, Ellsworth,
      Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest,
      Hornbeck, Jaquet, Jones(22), Jones(20), Judd, Kellogg, Kempton,
      Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Meyer,
      Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
      Robison, Schaefer, Stevenson, Stone, Stubbs, Taylor, Tilman, Tippets,
      Trail, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Barraclough, Boe, Bruneel, Clark, Marley, McKague, Sali,
      Stoicheff
      Absent and excused -- Alltus, Chase, Crow, Jones(9), Mader, Miller,
      Watson
    Floor Sponsor - Field
    Title apvd - to Senate
03/12    Senate intro - 1st rdg as amen - to Com/HuRes

Bill Text


H0713


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                              HOUSE BILL NO. 713, As Amended

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO COSMETICIANS; AMENDING  SECTION  54-802,  IDAHO  CODE,  TO  DEFINE
 3        "TATTOOING,"  "BODY PIERCING," "PERMANENT COSMETICS," "TATTOOING FACILITY,
 4        BODY PIERCING FACILITY, OR PERMANENT COSMETICS FACILITY" AND "TECHNICIAN,"
 5        AND TO REFORMAT THE SECTION ALPHABETICALLY; AMENDING SECTION 54-805, IDAHO
 6        CODE, TO PROVIDE LICENSURE REQUIREMENTS FOR  THE  PRACTICE  OF  TATTOOING,
 7        BODY  PIERCING  OR  PERMANENT COSMETICS AND TO MAKE TECHNICAL CORRECTIONS;
 8        AMENDING CHAPTER 8, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
 9        54-805C, IDAHO CODE, TO PROVIDE  LICENSURE  REQUIREMENTS  FOR  A  FACILITY
10        WHERE  TATTOOING,  BODY  PIERCING OR PERMANENT COSMETICS IS PRACTICED; AND
11        AMENDING SECTION 54-818, IDAHO CODE, TO  PROVIDE  FEES  FOR  LICENSURE  OF
12        TATTOOING,  BODY  PIERCING  AND PERMANENT COSMETICS FACILITIES AND TO MAKE
13        TECHNICAL CORRECTIONS.

14    Be It Enacted by the Legislature of the State of Idaho:

15        SECTION 1.  That Section 54-802, Idaho Code, be, and the  same  is  hereby
16    amended to read as follows:

17        54-802.  DEFINITIONS. For the purpose of this chapter, the following defi-
18    nitions shall apply:
19          (1)  "Apprentice"  shall mean any person who is engaged in learning
20    or acquiring of any or all of the  practices  of  cosmetology,  and  while  so
21    learning performs or assists in any of the practices of cosmetology.
22        (2)  "Board" means the Idaho board of cosmetology.
23        (3)  "Body  piercing"  means  the  creation of an opening in the body of a
24    human being for the purpose of inserting jewelry  or  other  decoration.  This
25    includes,  but  is  not  limited  to, piercing of an ear, lip, nose, tongue or
26    eyebrow. The term does not, for the purpose of this chapter, include  piercing
27    an  ear  with  a  disposable,  single use stud or solid needle that is applied
28    using a mechanical device to force the needle or stud through the ear.
29        (4)  "Chapter" as used in this act refers to chapter 8,  title  54,  Idaho
30    Code.
31        (5)  "Cosmetological  establishment"  shall mean any place or part thereof
32    other than a school of cosmetology wherein cosmetology is practiced. 
33        ( a  6 )  "Cosmetology" shall constitute any one (1)
34    or combination of the following practices when done upon the  human  body  for
35    cosmetic  purposes  and not for the treatment of disease or physical or mental
36    ailments:
37         1.  (a)   Cutting, trimming,  arranging,  dressing,
38        curling,  waving  by any method, cleansing, singeing, bleaching, coloring,
39        or similar work upon the hair.
40         2.  (b)   Applying cosmetic preparations,  antisep-
41        tics,  tonics,  lotions  or  creams,  or massaging, cleansing, exercising,
42        beautifying, or similar applications or work upon the scalp,  face,  neck,
43        arms, hands, busts, or other parts of the body.


                                          2

 1         3.  (c)   Manicuring, pedicuring the nails, and the
 2        application of artificial nails.
 3          (b)  "Registered  cosmetologist"  shall mean any person licensed to
 4    practice cosmetology.
 5        (c)  "Nail technology" shall constitute any one (1) or more of the follow-
 6    ing practices when done upon the human body:
 7        1.  Manicuring, pedicuring the nails, and the application of all forms  of
 8        artificial nails.
 9        2.  Massage of the hands and feet.
10        (d)  "Nail technician" shall mean any person whose practice of cosmetology
11    is limited to nail technology.
12        (e)  "Apprentice"  shall  mean  any  person  who is engaged in learning or
13    acquiring of any or all of the practices of cosmetology, and while so learning
14    performs or assists in any of the practices of cosmetology.
15        (f)  "Student" shall mean any person who is engaged  in  the  learning  or
16    acquiring of any or all of the practices of cosmetology in a registered school
17    of  cosmetology, and while so learning performs or assists in any of the prac-
18    tices of cosmetology.
19        (g)  "Instructor" shall mean a cosmetologist who  teaches  cosmetology  or
20    any  practices thereof in a school of cosmetology or school or college of bar-
21    bering.
22        (h)  "Student instructor" shall mean  a  cosmetologist  who  is  receiving
23    training to teach cosmetology.
24        (i)  "Cosmetological  establishment"  shall mean any place or part thereof
25    other  than a school of cosmetology wherein cosmetology is practiced.
26        (j)  "School of cosmetology" shall mean any place or part thereof  wherein
27    cosmetology is taught to students.
28        (k)  "Board" means the Idaho board of cosmetology. 
29        ( l  7 )  "Department" means the Idaho department of
30    self-governing agencies.
31          (m)  "Chapter"  as  used in this act refers to title 54, chapter 8,
32    Idaho Code.
33        (n)  "Electrology/esthetics" shall constitute any one (1)  or  combination
34    of the following practices, when done upon the human body:
35        1.  The  permanent removal of hair by the insertion of a probe, needle, or
36        filament, inserted below the skin.
37        2.  Applying  cosmetic  preparations,  antiseptics,  tonics,  lotions   or
38        creams,  or  massaging,  cleansing, stimulating, manipulating, exercising,
39        beautifying, or similar applications or work upon the human body. 
40        ( o  8 )  "Electrologist/esthetician" means any per-
41    son licensed to practice electrology/esthetics and who is skilled in the  per-
42    manent removal of unwanted hair and in the practice of skin care.
43          (p)  "Esthetics" shall constitute any one (1) or combination of the
44    following practices when done on the human body:
45        1.   Applying  cosmetic  preparations,  antiseptics,  tonics,  lotions  or
46        creams, or massaging, cleansing, exercising, beautifying or similar appli-
47        cations of work to the human body.
48        2.   Nonpermanent hair removal by tweezing or waxing.
49        (q)  "Esthetician" means any person licensed to practice esthetics. 
50        ( r    9  )  "Electrologist/esthetician  instructor"
51    means  an  electrologist/ esthetician who teaches electrology/esthetics or any
52    practices  thereof  in   a   school   of   cosmetology   approved   to   teach
53    electrology/esthetics.
54          (s)  "Student  electrologist/esthetician  instructor" shall mean an
55    electrologist/esthetician    who    is    receiving    training    to    teach


                                          3

 1    electrology/esthetics. 
 2         (10) "Electrology/esthetics" shall constitute any one (1) or  combi-
 3    nation of the following practices, when done upon the human body:
 4        (a)  The permanent removal of hair by the insertion of a probe, needle, or
 5        filament, inserted below the skin.
 6        (b)  Applying  cosmetic  preparations,  antiseptics,  tonics,  lotions  or
 7        creams,  or  massaging,  cleansing, stimulating, manipulating, exercising,
 8        beautifying, or similar applications or work upon the human body.
 9        (11) "Esthetician" means any person licensed to practice esthetics.
10        (12) "Esthetics" shall constitute any one (1) or combination of  the  fol-
11    lowing practices when done on the human body:
12        (a)  Applying  cosmetic  preparations,  antiseptics,  tonics,  lotions  or
13        creams, or massaging, cleansing, exercising, beautifying or similar appli-
14        cations of work to the human body.
15        (b)  Nonpermanent hair removal by tweezing or waxing.
16        (13) "Instructor"  shall  mean  a cosmetologist who teaches cosmetology or
17    any practices thereof in a school of cosmetology or school or college of  bar-
18    bering. 
19        ( t  14 ) "Makeover or glamour photography business"
20    means  any  business  engaged  in the offering of photographic services to the
21    general public and whose employees engage in the facial  application  of  cos-
22    metic  products  or  the arranging of the hair of customers in connection with
23    the sale, or attempted sale, of photographic services.
24         (15) "Nail technician" shall mean any person whose practice of  cos-
25    metology is limited to nail technology.
26        (16) "Nail technology" shall constitute any one (1) or more of the follow-
27    ing practices when done upon the human body:
28        (a)  Manicuring, pedicuring the nails, and the application of all forms of
29        artificial nails.
30        (b)  Massage of the hands and feet.
31        (17) "Permanent  cosmetics"  means the application of pigments to or under
32    the skin of a human being for the purpose of permanently changing the color or
33    other appearance of the skin. This includes, but is not limited to,  permanent
34    eyeliner, eye shadow or lip color.
35        (18) "Registered cosmetologist" shall mean any person licensed to practice
36    cosmetology. 
37        (  u    19 ) "Retail cosmetics dealer" means a fixed
38    retail business which offers cosmetic products for sale at retail  to  members
39    of  the general public and whose employees engage in the facial application of
40    cosmetic products to customers in connection with the sale, or attempted sale,
41    of the products without compensation from the customer other than the  regular
42    price of the merchandise.
43          (20) "School  of  cosmetology" shall mean any place or part thereof
44    wherein cosmetology is taught to students.
45        (21) "Student" shall mean any person who is engaged  in  the  learning  or
46    acquiring of any or all of the practices of cosmetology in a registered school
47    of  cosmetology, and while so learning performs or assists in any of the prac-
48    tices of cosmetology.
49        (22) "Student  electrologist/esthetician   instructor"   shall   mean   an
50    electrologist/esthetician    who    is    receiving    training    to    teach
51    electrology/esthetics.
52        (23) "Student  instructor"  shall  mean  a  cosmetologist who is receiving
53    training to teach cosmetology.
54        (24) "Tattooing" means to insert pigment under the surface of the skin  of
55    a  human being by pricking with a needle or otherwise, to produce an indelible


                                          4

 1    mark or figure visible through the skin.
 2        (25) "Tattooing facility, body piercing facility, or  permanent  cosmetics
 3    facility"  means any place other than a school, wherein tattooing, body pierc-
 4    ing or permanent cosmetics is practiced.
 5        (26) "Technician" means any person practicing the art of  tattooing,  body
 6    piercing or permanent cosmetics. 

 7        SECTION  2.  That  Section  54-805, Idaho Code, be, and the same is hereby
 8    amended to read as follows:

 9        54-805.  REQUIREMENTS FOR LICENSE. Except as  herein  otherwise  provided,
10    the  following  shall  be  considered  minimum requirements for license in the
11    respective categories, and all applicants shall be  of  good  moral  character
12    and temperate habits:
13          (  1  .  )   As a registered cosmetolo-
14    gist:
15        (a)  Completion of two (2) years' high school education or its equivalent.
16        (b)  Graduation from and completion of two thousand (2  ,  000)
17        hours'  training  in  a  school of cosmetology, or four thousand (4 ,
18        000) hours' training as an apprentice covering  all  phases  of  the
19        practice of cosmetology.
20        (c)  Successful  passage  of the examination for cosmetologist given under
21        the direction of the board.
22         ( 2 .  )   As an instructor: twelve (12)
23    semester college credit hours or equivalent as approved by the board  or  suc-
24    cessful completion of the examination required by board rules, and
25        (a)  One (1) year's experience as a licensed cosmetologist in a registered
26        cosmetological  establishment  or  school  and six (6) months of teacher's
27        training in a school of cosmetology, or
28        (b)  Two (2) years' experience as a licensed cosmetologist in a registered
29        cosmetological establishment and three (3) months of teacher's training in
30        a school of cosmetology, or
31        (c)  Five (5) years' experience as a licensed  cosmetologist,  immediately
32        preceding the application for license, and
33         ( 3 .  )   As a student:
34        (a)  Be sixteen and one-half (16 1/2) years of age.
35        (b)  Have completed at least two (2) years of high school education or its
36        equivalent.
37         ( 4 .  )   As an apprentice:
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         ( 5 .  )   As a nail technician:
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        (c)  Have  completed and graduated from at least three hundred (300) hours
46        of training and graduated from such training in a board approved school.
47        (d)  Successful passage of the examination for nail technician given under
48        the direction of the board.
49            (    6    .         )       As     an
50    electrologist/esthetician:
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.


                                          5

 1        (c)  Have  completed and graduated from at least eight hundred (800) hours
 2        of training  for  such  in  a  school  approved  by  the  board  to  teach
 3        electrology/esthetics  or sixteen hundred (1 , 600) hours as an
 4        apprentice  under  the  direct  personal   supervision   of   a   licensed
 5        electrologist/esthetician instructor as established by board  regula-
 6        tions   rules .
 7        (d)  Successfully passed the examination for electrologist and esthetician
 8        given under the direction of the board.
 9         ( 7 .  )   As an esthetician:
10        (a)  Be sixteen and one-half (16 1/2) years of age.
11        (b)  Have completed at least two (2) years of high school education or its
12        equivalent.
13        (c)  Have  completed  and graduated from at least five hundred (500) hours
14        of training for such in a school approved by the board to teach esthetics.
15        (d)  Successfully passed the examination for esthetician given  under  the
16        direction of the board.
17             (     8     .        )      As    an
18    electrologist/esthetician instructor:  twelve  (12)  semester  college  credit
19    hours  or equivalent, as approved by the board, or successful completion of an
20    examination required by board rules, and:
21        (a)  Five (5) years' experience as a  licensed  electrologist/esthetician;
22        or
23        (b)  Fewer    than    five   (5)   years'   experience   as   a   licensed
24        electrologist/esthetician and completion of an adequate  training  program
25        to be established by board rule.
26         (9)  As a person engaged in the practice of tattooing, body piercing
27    or permanent cosmetics:
28        (a)  Be at least eighteen (18) years of age.
29        (b)  Have completed at least two (2) years of high school education or its
30        equivalent.
31        (c)  Have paid the required fee. 

32        SECTION  3.  That  Chapter  8,  Title  54, Idaho Code, be, and the same is
33    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
34    known and designated as Section 54-805C, Idaho Code, and to read as follows:

35        54-805C.  REQUIREMENTS  FOR  LICENSE -- TATTOOING, BODY PIERCING OR PERMA-
36    NENT COSMETICS FACILITY. The board shall issue a license to a tattooing,  body
37    piercing or permanent cosmetics facility which meets the following conditions:
38        (1)  Completes  the  application  forms  for  licensure as required by the
39    board;
40        (2)  Pays the appropriate license fees as required under  section  54-818,
41    Idaho Code;
42        (3)  Specifies   location  in  the  establishment  where  the  service  of
43    tattooing, body piercing or permanent cosmetics shall be performed;
44        (4)  Provides facilities and equipment in  an  area  within  the  business
45    premises  to  properly  sanitize and store equipment and supplies necessary to
46    perform any service provided. The  required  facilities  and  equipment  shall
47    include, but are not limited to:
48        (a)  Piercing gun of nonporous material which is able to be disinfected;
49        (b)  Single use stainless steel needles;
50        (c)  Protective disposable gloves;
51        (d)  Single use towels or paper products;
52        (e)  Sharps container labeled biohazard material;
53        (f)  Hot and cold running water;


                                          6

 1        (g)  Environmental  protection agency, hospital grade or any other accept-
 2        able method of sanitation between customer application services;
 3        (h)  Samples, wipes, spatulas or other dispensing techniques  designed  to
 4        prevent contamination of the product;
 5        (i)  An adequate first-aid kit; and
 6        (j)  Adequate restroom facilities.
 7        (5)  Maintains client records in the following manner:
 8        (a)  Facilities  shall  maintain  client  records, which shall include the
 9        name and address of the client, date of each service, type of service ren-
10        dered, name and registration number of the technician providing  the  ser-
11        vice  and special instructions or notations relating to the client's medi-
12        cal or skin conditions; and
13        (b)  Records shall be kept for a minimum of five (5) years.
14        (6)  Observes the following practices:
15        (a)  Written parental consent shall be required to be issued in person  to
16        the facility for piercing or tattooing services on anyone under the age of
17        eighteen (18) years;
18        (b)  Use  of  piercing  guns  is limited to piercing of the earlobe exclu-
19        sively. No other part of the body shall be pierced by use  of  a  piercing
20        gun; and
21        (c)  Facility  owners  may obtain advice from physicians regarding medical
22        information needed to safeguard client and technician.

23        SECTION 4.  That Section 54-818, Idaho Code, be, and the  same  is  hereby
24    amended to read as follows:

25        54-818.  FEES. The various fees to be paid by applicants for original reg-
26    istrations, original licenses, annual renewals, certificates issued upon reci-
27    procity,  and  examinations  as  required under this chapter shall be fixed by
28    administrative rules of the board in amounts not to exceed the following:
29        ( a   1  )  Original  registrations,  licenses,  and
30    annual renewals thereof:
31         (a)   cosmetological establishment, original registration ...$
32        50.00
33         (b)   cosmetological establishment, annual renewals ...  30.00
34         (c)   retail cosmetics dealer, original registration ..  50.00
35         (d)   retail cosmetics dealer, annual renewals ........  30.00
36          (e)   makeover or glamour photography business, original reg-
37        istration .........................................................  50.00
38         (f)   makeover or glamour photography business, annual  renew-
39        als ...............................................................  30.00
40          (g)    domestic  school of cosmetology, original registration
41        ................................................................... 500.00
42         (h)   domestic school of cosmetology, annual renewals . 150.00
43         (i)   registered cosmetologist, original license/annual renew-
44        als ...............................................................  20.00
45          (j)    nail  technician,  original  license/annual   renewals
46        ...................................................................  20.00
47          (k)   apprentice, original license (no renewal fees required)
48        ...................................................................  20.00
49         (l)   student certificate (no renewal fees required) ..  20.00
50         (m)   instructor, original license/annual renewals ....  25.00
51         (n)   student instructor certificate ..................  25.00
52          (o)    electrologist/esthetician,   original   license/annual
53        renewals ..........................................................  22.00


                                          7

 1         (p)   esthetician, original license/annual renewals ...  22.00
 2         (q)   endorsement ..................................... 100.00
 3          (r)    interim certificate when endorsement denied, also con-
 4        stitutes examination ..............................................  35.00
 5         (s)   temporary license to  practice,  demonstrate  and  teach
 6        ...................................................................  10.00
 7        ( b  2 )  Examination:
 8         (a)   as a registered cosmetologist ................... $35.00
 9         (b)   as a nail technician ............................  35.00
10         (c)   as an instructor when required by board  regulation
11          rule  ..........................................  35.00
12         (d)   as an electrologist/esthetician .................  35.00
13         (e)   as an esthetician ...............................  35.00
14         (3)  Tattooing facility:
15        (a)  original registration ........................................$ 50.00
16        (b)  annual renewals ..............................................  35.00
17        (4)  Body piercing facility:
18        (a)  original registration ........................................$ 50.00
19        (b)  annual renewals ..............................................  35.00
20        (5)  Permanent cosmetics facility:
21        (a)  original registration ........................................$ 50.00
22        (b)  annual renewal ...............................................  35.00
23        (6)  Instructor application process fee when no exam is required ..$ 35.00
24    
25    Fees shall not be prorated or returnable.
26    All certificates expire December 31.

Statement of Purpose / Fiscal Impact


    





    REPRINT REPRINT
    
    REPRINT REPRINT REPRINT
    
    STATEMENT OF PURPOSE
    
    RS07402C1
    
    To add to Section 54-802. To license tattooing and body 
    piercing.
    
    FISCAL NOTE
    
    No fiscal impact.
    
    CONTACT: Representative Debbie Field
             208-322-1000
    
    Bill No. H 713