H 121 — BARBERS AND COSMETOLOGISTS – Amends and repeals existing law to provide for the de-licensure of makeup artists.

121121, As Amended BY BUSINESS COMMITTEE AN ACT RELATING TO THE BARBER AND COSMETOLOGY SERVICES ACT;

AMENDING SECTION 54-5802, IDAHO CODE, TO REMOVE DEFINITIONS;A DEFINITION;

REPEAL-AMENDING ING SECTION 54-5811,54-5805, IDAHO CODE, RELATING TO CERTIFICATESPROVIDE FOR MAKEUPA ARTISTS;CERTAIN EXEMPTION FROM LICENSURE;

REPEALING SECTION 54-5811, IDAHO CODE, RELATING TO CERTIFI- CATES FOR MAKEUP ARTISTS;

(a) Cutting, trimming, arranging, dressing, curling, waving by any method, cleansing, singeing, bleaching, coloring or performing similar work on the hair, except as provided for in subsection (26) (24)(23) of this section;

(23) (22) "Makeup artistry" means noninvasive care of the skin by applica-appli- tioncation of cosmetic preparations for cleansing and the application of makeup, which includes the application of cosmetics or any pigment product that is used to cover, camouflage or decorate the skin.

(24) (22)(23) "Nail technician" means a person licensed to practice nail technology as defined in this section.

(25) (23)(24) "Nail technology" means any one (1) or more of the following practices when performed on the human body:

(26) (24)(25) "Natural hair braiding" means the service of twisting, wrap- ping, weaving, extending, locking, or braiding hair by hand or with a mechan- ical device.

(27) (25)(26) "Retail cosmetics dealer" means a stationary business offer- ing cosmetic products for sale at retail to the general public in which the business's employees apply cosmetic products to customers' faces in connec- tion with the sale or attempted sale of the products without compensation from the customer other than the regular price of the products.

(28) (26)(27) "Retail thermal styling equipment dealer" means a retail business that offers thermal styling equipment, such as curling irons, curl- ing wands, flat irons, heated hair rollers, blow-dryers or other devices using heat to style hair, for sale at retail to members of the general public and whose employees engage in the limited use of thermal styling equipment on customers in connection with the sale or attempted sale of the equipment without compensation from the customer other than the regular price of the equipment.

(29) (27)(28) "Student" means a person learning barbering, barber-styling, cosmetology or electrology at a licensed school who, while so learning, per- forms or assists in performing any practices of barbering, barber-styling, cosmetology or electrology.

(30) (28)(29) "Wig" means a removable head covering that is made from nat- ural hair, natural fibers that resemble hair, or synthetic fibers that re- semble hair.

That Section 54-581154-5805, , Idaho Code, be, and the same is hereby repealed.amended to read as follows:

54-5805.

EXEMPTIONS FROM LICENSURE.

The licensing, certification and registration provisions of this chapter shall not apply to the following:

(1) Persons authorized by the laws of this state to practice as a nurse or to practice any of the healing arts while in the proper discharge or dele- gation of their professional duties.

(2) Persons who provide on-site personal care or hygiene services, in- cluding shaving;

trimming of hair, beard, or mustache;

washing, brushing, or combing hair;

and basic skin care and nail care, to residents at facilities licensed under the department of health and welfare, division of licensing and certification.

(3) Persons practicing in their own home without compensation who are not practicing on the public in general.

(4) Persons practicing on a relative without compensation.

(5) Persons whose practice is limited to the facial application of cos- metic products to customers in connection with the sale or attempted sale of cosmetic products on the premises of a retail cosmetics dealer without com- pensation from the customer other than the price of the products.

(6) Persons whose practice is limited to the demonstration of thermal styling equipment on customers in connection with the sale or attempted sale of thermal styling equipment on the premises of a registered thermal styling equipment dealer without compensation from the customer other than the price of the equipment.

(7) Currently enrolled students or actively registered apprentices practicing or demonstrating outside of a licensed school or establishment when that practice or demonstration is under the direct supervision of a licensed instructor.

Members of the public may not be charged for any ser- vices performed by a student or an apprentice practicing pursuant to this subsection.

(8) Persons who are licensed or qualified through proper documentation to practice or teach barbering, barber-styling or cosmetology in a state, territory or possession of the United States or in a foreign country and whose practice and activities are limited to education or demonstration of no more than fourteen (14) consecutive days, provided that such persons shall observe and comply with sanitation requirements established by rule.

Members of the public may not be charged for any services performed as part of the demonstration or education.

(9) Persons who are employed, participating in, or contracted to per- form barber-styling or cosmetology services in the course of and incidental to the production of a theatrical or other visual arts production, including but not limited to stage productions, television and motion pictures.

(10) Persons whose practice is limited to natural hair braiding as de- fined in section 54-5802, Idaho Code.

(11) Persons or businesses selling, offering for sale, or fitting wigs as defined in this chapter, as long as such persons or businesses do not use adhesive agents such as glue, tape, keratin bonds, fusion bonds, or other bonding agents to attach a hairpiece or toupee to a person's scalp, hair, or head.

(12) Persons or businesses performing makeup artistry.

That Section 54-5811 , Idaho Code, be, and the same is hereby repealed.

SECTION 5.