posted on: 11/06/2023
Update: November 6, 2023
The rules below have been adopted with one amendment, pending 2024 legislative review and approval. After approval, the pending rule will become final and effective July 1, 2024. The amendment reinserts a licensure by endorsement process.
For assistance with technical questions concerning the pending rule, contact the Division of Occupation and Professional Licenses at BCB@dopl.idaho.gov.
Idaho is considering trimming more than “just a little off the ends” from its administrative rules and is leaning more toward a full-blown rule makeover. Why? Governor Brad Little’s Zero-based Regulation Executive Order claims that overregulation can impose high costs on businesses and inhibit job growth. The order directs all agencies, including the Barber and Cosmetology Services Licensing Board (Board), to review regulations and identify unnecessary, outdated, or excessively burdensome rules.
As a result of the order, the Board issued proposed rules (pages 302–326) that aim to remove duplicate and unnecessary language from its administrative rules. These rules propose to amend or remove entire sections of the Board’s administrative rules, including:
• Definitions
• Fees
• Education requirements
• Criminal and disciplinary history
• Instructor licensure qualifications
• Licensure by endorsement
• Educational program standards
• Practice outside licensed establishments
AHP encourages you to elevate your voice and submit comments to the Board at michael.hyde@dopl.idaho.gov before August 23 to show your support of, or opposition to, the proposed rules. Do you believe the Board is amending and removing appropriate sections of the administrative rules? Do you think too much is being changed? This is your opportunity to engage in meaningful input on deciding how much red tape you want to cut from the cosmetology and barbering professions. To help you form your opinion, we’ve summarized the proposed rules for you below.
Definitions
The proposed rules remove the following definitions:
Clinical services or clinical work—performing hands-on acts or techniques within the scope of practice of a profession regulated by the Board.
Facility—a retail cosmetics dealer, a retail thermal styling equipment dealer, or a makeover or glamour photography business.
Patron—any person who receives the services of anyone licensed or certificated.
Record of instruction—the final documentation of total hours and operations completed by a student that is maintained by a school or, in the case of an apprentice, by the instructor.
Fees
The proposed rules add two new fees:
- Original License of Registration of Facilities: Initial and renewal fee not to exceed $20
- Certificate for Makeup Artist: Initial and renewal fee not to exceed $25
Educational Requirements for all Licensees
The proposed rules remove the requirement that all license applicants must complete at least two years of high school or any higher education gained beyond a high school diploma or GED program.
Criminal and Disciplinary History
The proposed rules eliminate this section, which requires license applicants to disclose if they have engaged in conduct that would be grounds for discipline, or if they have had a license application denied in another state or country.
Instructor Licensure Qualifications
The proposed rules eliminate this license category.
Licensure by Endorsement
The proposed rules eliminate this section, which details the requirements for applicants seeking licensure from out of state.
Educational Program Standards
The proposed rules eliminate curriculum subject area breakdown for barbering, barber-stylist, cosmetology, esthetics, nail technology, and electrology programs. Schools would need to submit their curriculum to the Board and get it approved.
Practice Outside Licensed Establishments
The proposed rules would no longer allow licensees to perform hair extensions outside a licensed establishment.