reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 56 - GENETIC COUNSELORS › Section 54-5607 - BOARD POWERS.

54-5607. BOARD POWERS. (1) The board shall have the following powers:
(a) To receive applications for licensure, determine the qualifications of persons applying for licensure, provide licenses to applicants qualified under the provisions of this chapter and reinstate and deny licenses;
(b) To establish by rule and collect fees as prescribed by this chapter;
(c) To maintain records necessary to carry out its duties under this chapter;
(d) To pass upon the qualifications and fitness of applicants for licenses and to adopt rules requiring annual continuing education as a condition for the renewal of licenses issued under this chapter;
(e) To prescribe by rule the minimum number of and qualifications for continuing education units (CEUs) to be required of each genetic counselor seeking to obtain or renew a license in the state of Idaho and for the approval of continuing education courses;
(f) To examine for, deny, approve, issue, revoke and suspend licenses pursuant to this chapter and to conduct investigations and hearings in connection with such actions;
(g) Establish requirements for reinstatement and renewal of licenses;
(h) To adopt and revise such rules as may be necessary to carry into effect the provisions of this chapter in compliance with chapter 52, title 67, Idaho Code. The rules shall include, but shall not be limited to, a code of ethics for genetic counselors and licensed genetic counselor standards of practice;
(i) In any proceeding before the board authorized by this chapter, the board or its designee may administer oaths or affirmations to witnesses appearing before it; and
(j) To take such action as may be necessary to enforce the provisions of this chapter and to regulate the practice of genetic counseling.
(2) In a final order, the board may impose a civil penalty not to exceed one thousand dollars ($1,000) for each violation by a licensee of this chapter or of rules adopted by the board.
(3) The board may authorize, by written agreement, the division of occupational and professional licenses as its agent to act in its interest and, in its discretion, to contract with the division of occupational and professional licenses for those services deemed necessary for the proper administration of this chapter.
(4) The assessment of costs and attorney’s fees incurred in the investigation and prosecution or defense of a licensee under this chapter shall be governed by the provisions of section 12-117(5), Idaho Code.
History:
[54-5607, added 2015, ch. 128, sec. 1, p. 324; am. 2018, ch. 348, sec. 22, p. 818; am. 2022, ch. 94, sec. 78, p. 332.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 56 - GENETIC COUNSELORS › Section 54-5608 - REQUIREMENTS FOR ISSUANCE OF A LICENSE.

54-5608. REQUIREMENTS FOR ISSUANCE OF A LICENSE. In addition to such other information as the board may require by rule, each applicant under this act shall:
(1) Hold a master’s degree or higher in genetics or a related field of study as approved by the board;
(2) Submit an application in the form prescribed by the board;
(3) Pay the fee determined by the board by rule; and
(4) Provide evidence satisfactory to the board of having successfully passed a nationally recognized competency examination approved by the board by rule.
History:
[54-5608, added 2015, ch. 128, sec. 1, p. 325.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 56 - GENETIC COUNSELORS › Section 54-5609 - ENDORSEMENT LICENSURE.

54-5609. ENDORSEMENT LICENSURE. An applicant who satisfies the board that he is licensed or registered under the laws of another state, territory or jurisdiction of the United States, which in the opinion of the board imposes substantially equivalent licensing requirements as this act, may, upon the payment of the required fee and the approval of the application, be licensed by endorsement pursuant to this act.
History:
[54-5609, added 2015, ch. 128, sec. 1, p. 325.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 56 - GENETIC COUNSELORS › Section 54-5610 - PROVISIONAL LICENSE.

54-5610. PROVISIONAL LICENSE. (1) The board may grant a person who has been granted ACS a provisional genetic counselor license to practice genetic counseling upon filing an application with the board and payment of the fee established by the board by rule.
(2) The provisional license shall be valid for one (1) year from the date of its issue and may be renewed at the discretion of the board for additional one (1) year periods up to a maximum of four (4) renewals. A provisional license shall expire automatically upon the issuance of a full license.
(3) A provisional licensed genetic counselor shall work under the general supervision of a licensed genetic counselor or a licensed physician at all times during which the provisionally licensed genetic counselor performs genetic counseling. An application for extension of the provisional license shall be signed by the supervisor. General supervision shall not require the physical presence of the provisional licensee’s supervisor at the location where such provisional licensee provides genetic counseling services; however, the supervisor shall be readily accessible by telephone or electronically for consultation and assistance whenever such provisional licensee provides such services.
History:
[54-5610, added 2015, ch. 128, sec. 1, p. 325.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 56 - GENETIC COUNSELORS › Section 54-5611 - LICENSING OF EXISTING GENETIC COUNSELORS.

54-5611. LICENSING OF EXISTING GENETIC COUNSELORS. Until July 1, 2016, an individual who does not qualify for licensure under this chapter may apply to the board for licensure, and the board may approve the application if the individual has paid the required fees and:
(1) Has worked as a genetic counselor for a minimum of ten (10) years preceding the enactment of these provisions with at least five (5) of those years being the five (5) years immediately preceding the application for a license;
(2) Holds a master’s degree or higher in genetics or a related field of study as approved by the board;
(3) Submits three (3) letters of recommendation from individuals who have worked with the applicant in an employment setting, including at least one (1) letter from a genetic counselor who qualifies for licensure under this chapter and one (1) letter from either a clinical geneticist certified by ABMG or a medical geneticist certified by ABMG; and
(4) Provides documentation satisfactory to the board that he has completed at least two hundred (200) hours of formal training in genetic counseling as determined by the board and has practiced genetic counseling for at least five (5) hours per week on average for at least the five (5) years immediately prior to the date of application.
History:
[54-5611, added 2015, ch. 128, sec. 1, p. 326.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 56 - GENETIC COUNSELORS › Section 54-5612 - LICENSE RENEWAL.

54-5612. LICENSE RENEWAL. (1) All licenses issued under the provisions of this chapter shall be subject to annual renewal and shall expire on the licensee’s birthday unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education and fees and in compliance with section 67-2614, Idaho Code.
(2) In addition to such other requirements as the board may establish by rule, each applicant shall present satisfactory evidence when seeking license renewal that in the period since the license was issued or last renewed the applicant has completed the amount of board-approved continuing education required by the board by rule. The board may waive all or a portion of these requirements or grant an extension of time in which to complete these requirements upon a finding of good cause.
History:
[54-5612, added 2015, ch. 128, sec. 1, p. 326.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 56 - GENETIC COUNSELORS › Section 54-5613 - FEES.

54-5613. FEES. (1) The board shall establish by rule fees for licensure under the provisions of this chapter as follows:
(a) An application fee not to exceed five hundred dollars ($500);
(b) A fee established by rule for an initial full license not to exceed five hundred dollars ($500);
(c) A fee established by rule for a provisional license, an endorsement license and an existing genetic counselor license not to exceed five hundred dollars ($500);
(d) The fee established by rule for annual renewal of licenses not to exceed five hundred dollars ($500); and
(e) Fees charged pursuant to paragraph (b), (c) or (d) of this subsection shall be in addition to the application fee.
(2) All fees received under the provisions of this chapter shall be nonrefundable and shall be deposited in the state treasury to the credit of the occupational licenses fund in the dedicated fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes, and the funds collected hereunder shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
History:
[54-5613, added 2015, ch. 128, sec. 1, p. 326; am. 2021, ch. 224, sec. 77, p. 691.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 56 - GENETIC COUNSELORS › Section 54-5614 - DENIAL OF LICENSE AND DISCIPLINARY PROCEEDINGS.

54-5614. DENIAL OF LICENSE AND DISCIPLINARY PROCEEDINGS. (1) The board may refuse to issue, refuse to renew, revoke, suspend or otherwise sanction a licensee upon the following grounds:
(a) Fraud or deception in procuring or renewing the license;
(b) Having been found guilty, convicted, or placed on probation; having entered into a guilty plea that is accepted by the court; forfeited bail, bond or collateral deposited to secure a defendant’s appearance; or having received a withheld judgment or suspended sentence of a felony by a court of competent jurisdiction;
(c) Gross incompetence or unprofessional conduct;
(d) Fraud or deceit in connection with services rendered as a genetic counselor or in establishing qualifications for licensure under this chapter;
(e) Violation of any of the provisions of this chapter or any of the rules promulgated by the board under the authority of this chapter;
(f) Failure to comply with a board order;
(g) Having had a license revoked or suspended or having been otherwise disciplined by the board or the proper authorities of another state, territory or country;
(h) Habitual drunkenness or addiction to habit-forming drugs, either of which impairs the ability to perform work without danger to himself or the public;
(i) Aiding or abetting any person not licensed or otherwise authorized under this chapter in the practice of genetic counseling in the state of Idaho;
(j) Representing himself as a licensed genetic counselor when he is unlicensed;
(k) Failing to maintain the requirements for a license or failing to achieve the minimum CEUs required for the renewal of a license;
(l) Having a license or certification in a related field revoked or suspended or having been otherwise disciplined in Idaho or any other state; or
(m) Unethical or unprofessional conduct as defined by the rules of the board or the code of ethics established by the rules of the board.
(2) The board may reinstate any revoked or suspended license upon such terms as it may determine.
(3) The board may by rule provide a procedure for an applicant to request an exemption review for a felony or lesser crime conviction. The applicant shall bear the burden and financial responsibility of providing all evidence, documentation and proof of suitability for licensure required by the board for exemption review.
History:
[54-5614, added 2015, ch. 128, sec. 1, p. 327.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 56 - GENETIC COUNSELORS › Section 54-5615 - CONFIDENTIAL COMMUNICATIONS.

54-5615. CONFIDENTIAL COMMUNICATIONS. No licensee shall disclose any information that he may have acquired from a client consulting him in his professional capacity that was necessary to enable him to render services in his professional capacity to those persons, except:
(1) With the written consent of that client or, in the case of death or disability, the written consent of the client’s personal representative, other person or entity authorized to sue, or the beneficiary of an insurance policy on their life, health or physical condition;
(2) That a licensee shall not be required to treat as a confidential communication anything that reveals the contemplation or execution of a crime or harmful act;
(3) When the client is a minor under the laws of this state, and the information acquired by the licensee indicates that the minor was the victim or subject of a crime, the licensee may testify fully in relation to such information upon any examination, trial or other proceeding in which the commission of such a crime is the subject of the inquiry;
(4) When the client waives the privilege by bringing charges or other claims against the licensee; or
(5) To the board or its authorized agent in connection with an investigation or other proceeding by the board or its agent under this chapter.
History:
[54-5615, added 2015, ch. 128, sec. 1, p. 327.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 56 - GENETIC COUNSELORS › Section 54-5616 - CERTAIN ACTS PROHIBITED.

54-5616. CERTAIN ACTS PROHIBITED. It shall be unlawful and a misdemeanor for any person to engage in any of the following acts:
(1) To practice genetic counseling or to represent himself to be a licensed genetic counselor as defined in this chapter without having at the time of so doing, a valid license issued under this chapter; or
(2) To use in connection with his name or place of business, the title genetic counselor or any words indicating or implying that the person holds a genetic counselor license unless he is licensed in accordance with this chapter.
History:
[54-5616, added 2015, ch. 128, sec. 1, p. 328.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 57 - IDAHO VIRTUAL CARE ACCESS ACT › Section 54-5701 - SHORT TITLE.

54-5701. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Virtual Care Access Act."
History:
[(54-5701) 54-5601, added 2015, ch. 121, sec. 1, p. 308; am. and redesig. 2016, ch. 47, sec. 26, p. 121; am. 2023, ch. 102, sec. 3, p. 303.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 57 - IDAHO VIRTUAL CARE ACCESS ACT › Section 54-5702 - LEGISLATIVE FINDINGS.

54-5702. LEGISLATIVE FINDINGS. The legislature finds that virtual care provides an additional setting for the delivery of health care that maximizes the capacity and geographic reach of health care providers and limited health care resources. When practiced safely, virtual care enhances access to health care services and allows for a more cost-effective delivery system for the people of Idaho. Citizens with limited access to traditional health care settings may be diagnosed and treated sooner through virtual care than through in-person care, resulting in improved health outcomes due to early detection and prevention.
History:
[54-5702, added 2023, ch. 102, sec. 5, p. 304.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 57 - IDAHO VIRTUAL CARE ACCESS ACT › Section 54-5703 - DEFINITIONS.

54-5703. DEFINITIONS. As used in this chapter:
(1) "Health care services" means:
(a) The assessment, diagnosis, consultation, treatment, and remote monitoring of a patient;
(b) Transfer of medical data;
(c) Patient and professional health-related education;
(d) Public health services; and
(e) Health administration.
(2) "Provider" means any health care provider who is licensed or required to be licensed under this title or, if located outside of Idaho, would be required to be licensed under this title for the purposes of diagnosing or treating physical or behavioral health conditions.
(3) "Provider group" means any group of licensed providers who have access to shared patient medical records and are organized to provide team-based or multidisciplinary care to patients.
(4) "Static online questionnaire" means a questionnaire provided to a patient to which the patient responds with a static set of answers.
(5) "Virtual care" means technology-enabled health care services in which the patient and provider are not in the same location. Virtual care is an umbrella term that encompasses terms associated with a wide variety of synchronous and asynchronous care delivery modalities enabled by technology, such as telemedicine, telehealth, m-health, e-consults, e-visits, video visits, remote patient monitoring, and similar technologies. Virtual care is considered to be rendered at the physical location of the patient.
History:
[54-5703, added 2023, ch. 102, sec. 7, p. 304.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 57 - IDAHO VIRTUAL CARE ACCESS ACT › Section 54-5704 - SCOPE OF PRACTICE.

54-5704. SCOPE OF PRACTICE. A provider delivering health care services via virtual care must at all times act within the scope of the provider’s license and according to all applicable laws and rules, including but not limited to this chapter and the Idaho community standard of care.
History:
[(54-5704) 54-5604, added 2015, ch. 121, sec. 1, p. 308; am. and redesig. 2016, ch. 47, sec. 29, p. 122; am. 2023, ch. 102, sec. 8, p. 304.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 57 - IDAHO VIRTUAL CARE ACCESS ACT › Section 54-5705 - PROVIDER-PATIENT RELATIONSHIP.

54-5705. PROVIDER-PATIENT RELATIONSHIP. A provider may provide virtual care to a patient if such provider has first established a provider-patient relationship with the patient, the patient has a provider-patient relationship with another provider in the provider group, the provider is covering calls for a provider with an established relationship with the patient, or the provider is performing any activities set forth in section 54-1733(2), Idaho Code. A provider-patient relationship may be established by use of virtual care technologies, provided that the applicable Idaho community standard of care is satisfied.
History:
[54-5705, added 2023, ch. 102, sec. 10, p. 305.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 57 - IDAHO VIRTUAL CARE ACCESS ACT › Section 54-5706 - EVALUATION AND TREATMENT.

54-5706. EVALUATION AND TREATMENT. When delivering health care services via virtual care, including a prescription drug order or prescription medical device order, a provider shall obtain and document a patient’s relevant clinical history and current symptoms to establish the diagnosis and identify underlying conditions and contraindications to the treatment recommended. A provider delivering health care services via virtual care has a duty to practice in a manner consistent with the provider’s scope of practice and shall be held to the applicable Idaho community standard of care that applies in an in-person setting. Treatment based solely on a static online questionnaire does not constitute an acceptable standard of care.
History:
[(54-5706) 54-5606, added 2015, ch. 121, sec. 1, p. 309; am. and redesig. 2016, ch. 47, sec. 31, p. 123; am. 2023, ch. 102, sec. 11, p. 305.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 57 - IDAHO VIRTUAL CARE ACCESS ACT › Section 54-5707 - PRESCRIPTIONS.

54-5707. PRESCRIPTIONS. (1) A provider with an established provider-patient relationship, including a relationship established pursuant to section 54-5705, Idaho Code, may issue prescription drug orders and prescription medical device orders via virtual care within the scope of the provider’s license and according to any applicable state and federal laws, rules, and regulations, including the Idaho community standard of care. However, the prescription drug shall not be a controlled substance unless prescribed in compliance with 21 U.S.C. A prescription drug order and prescription medical device order must be issued for a legitimate medical purpose by a provider acting in a manner consistent with the provider’s scope of practice.
(2) Nothing in this chapter shall be construed to expand or restrict the prescriptive authority of any provider beyond what is authorized by the applicable licensing boards.
History:
[(54-5707) 54-5607, added 2015, ch. 121, sec. 1, p. 309; am. and redesig. 2016, ch. 47, sec. 32, p. 123; am. 2017, ch. 242, sec. 3, p. 600; am. 2021, ch. 55, sec. 1, p. 183; am. 2023, ch. 102, sec. 12, p. 305.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 57 - IDAHO VIRTUAL CARE ACCESS ACT › Section 54-5708 - INFORMED CONSENT.

54-5708. INFORMED CONSENT. A patient’s informed consent for the use of virtual care shall be obtained as required by any applicable law.
History:
[(54-5708) 54-5608, added 2015, ch. 121, sec. 1, p. 309; am. and redesig. 2016, ch. 47, sec. 33, p. 123; am. 2023, ch. 102, sec. 13, p. 305.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 57 - IDAHO VIRTUAL CARE ACCESS ACT › Section 54-5709 - CONTINUITY OF CARE.

54-5709. CONTINUITY OF CARE. A provider delivering health care services via virtual care or a provider who is a member of the same provider group as the provider delivering health care services via virtual care shall be available for follow-up care or to provide information to patients who make use of such services. Patients receiving care virtually shall be provided a method to contact the provider of record.
History:
[(54-5709) 54-5609, added 2015, ch. 121, sec. 1, p. 309; am. and redesig. 2016, ch. 47, sec. 34, p. 123; am. 2023, ch. 102, sec. 14, p. 305.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 57 - IDAHO VIRTUAL CARE ACCESS ACT › Section 54-5710 - REFERRAL TO OTHER SERVICES.

54-5710. REFERRAL TO OTHER SERVICES. A provider shall make appropriate patient referrals, including to emergency resources, when medically indicated.
History:
[(54-5710) 54-5610, added 2015, ch. 121, sec. 1, p. 309; am. and redesig. 2016, ch. 47, sec. 35, p. 123; am. 2023, ch. 102, sec. 15, p. 306.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 57 - IDAHO VIRTUAL CARE ACCESS ACT › Section 54-5711 - MEDICAL RECORDS.

54-5711. MEDICAL RECORDS. A provider delivering health care services via virtual care must document in the patient’s medical record the health care services rendered via virtual care according to the same standard used for equivalent in-person services. All virtual care medical records must be maintained in compliance with any applicable state and federal laws, rules, and regulations, including the health insurance portability and accountability act (HIPAA), P.L. 104-191 (1996), and the health information technology for economic and clinical health act (HITECH), P.L. 111-115 (2009). Such records shall be accessible to other providers, if the patient has given permission, and to the patient in accordance with applicable laws, rules, and regulations.
History:
[(54-5711) 54-5611, added 2015, ch. 121, sec. 1, p. 309; am. and redesig. 2016, ch. 47, sec. 36, p. 124; am. 2020, ch. 114, sec. 3, p. 365; am. 2023, ch. 102, sec. 16, p. 306.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 57 - IDAHO VIRTUAL CARE ACCESS ACT › Section 54-5712 - ENFORCEMENT AND DISCIPLINE.

54-5712. ENFORCEMENT AND DISCIPLINE. (1) A provider is prohibited from delivering health care services via virtual care in the provider’s practice if the provider is not in full compliance with applicable state and federal laws, rules, and regulations, including this chapter and the Idaho community standard of care. State licensing boards shall be authorized to enforce the provisions of this chapter relating to the practice of individuals they license. A provider who fails to comply with applicable state and federal laws, rules, and regulations is subject to discipline by such provider’s licensing board.
(2) For purposes of this section, any act that constitutes the delivery of health care services is deemed to occur at the place where the patient is located at the time the act is performed. Venue for a civil or administrative action initiated by the appropriate regulatory licensing authority or by a patient who receives virtual care services from an out-of-state provider may be located in the patient’s county of residence, an applicable county in Idaho, or another venue as deemed proper by a court of competent jurisdiction.
History:
[(54-5712) 54-5612, added 2015, ch. 121, sec. 1, p. 310; am. and redesig. 2016, ch. 47, sec. 37, p. 124; am. 2023, ch. 102, sec. 17, p. 306.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 57 - IDAHO VIRTUAL CARE ACCESS ACT › Section 54-5713 - VIRTUAL CARE LICENSURE EXEMPTIONS AND JURISDICTION CONSENT.

54-5713. VIRTUAL CARE LICENSURE EXEMPTIONS AND JURISDICTION CONSENT. (1) Prior to delivering health care services via virtual care, a provider must obtain a license from the applicable licensing board, except a license is not required for virtual care when a provider licensed and in good standing in another state or jurisdiction of the United States:
(a) Has established a patient-provider relationship with a person who is in Idaho temporarily for business, work, education, vacation, or other reasons and such person requires health care services from that provider;
(b) Has established a patient-provider relationship with a person and provides temporary or short-term follow-up health care services to such person to ensure continuity of care;
(c) Is employed by or contracted with an Idaho facility or hospital to provide care services for which the provider has been privileged and credentialed;
(d) Renders health care services in a time of disaster and provides follow-up health care services to ensure continuity of care;
(e) Provides health care services in preparation for a scheduled in-person care visit; or
(f) Consults with or refers a patient to an Idaho licensed provider.
(2) By engaging in virtual care with a patient located in Idaho, a provider exempted from Idaho licensure under subsection (1) of this section consents to the applicable Idaho laws, rules, and regulations governing the provider’s profession, including this chapter and the Idaho community standard of care, the jurisdiction of Idaho courts, the jurisdiction of the division of occupational and professional licenses, and the jurisdiction of the applicable licensing board regulating the provider’s profession, including the division’s and licensing board’s complaint, investigation, and hearing process and ability to seek injunctions and impose civil penalties and fines.
History:
[54-5713, added 2023, ch. 102, sec. 19, p. 306.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5801 - SHORT TITLE.

54-5801. SHORT TITLE. This chapter shall be known and may be cited as the "Barber and Cosmetology Services Act."
History:
[54-5801, added 2018, ch. 228, sec. 3, p. 520.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5803 - POLICY AND REQUIREMENTS OF LICENSURE.

54-5803. POLICY AND REQUIREMENTS OF LICENSURE. In order to safeguard the public health, safety and welfare, persons practicing or offering to practice an occupation defined in and governed by this chapter shall submit evidence of their qualifications and shall be licensed, certificated or registered as hereinafter provided. It shall be unlawful for any person to practice or offer to practice an occupation defined in and governed by this chapter, or to use in connection with that person’s name or otherwise assume, use or advertise any title or description tending to convey the impression that the person is licensed, certificated or registered to practice an occupation defined in and governed by this chapter, unless the person has been duly licensed, certificated or registered under the provisions of this chapter. It shall further be unlawful for any person or legal entity to operate a barber or cosmetology establishment or school of barbering or cosmetology unless the establishment or school has been licensed for such purpose as hereinafter provided.
History:
[54-5803, added 2018, ch. 228, sec. 3, p. 522.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5804 - PROHIBITIONS REGARDING ESTABLISHMENTS — EXCEPTIONS.

54-5804. PROHIBITIONS REGARDING ESTABLISHMENTS — EXCEPTIONS. (1) It shall be unlawful:
(a) To practice any of the occupations licensed, certificated or registered under this chapter in a place or establishment that is not licensed or registered for such practice, except as specifically authorized by this chapter;
(b) For any establishment license holder to employ or allow to be employed in or about the licensed establishment a person who is not licensed or certificated under this chapter, unless the person is performing tasks that do not require a license or certificate; and
(c) Where a licensed establishment is located in a home or other building containing living quarters, to use the portions of the home or building that are used for the licensed practice as living, dining or sleeping quarters.
(2) The provisions of subsection (1)(a) of this section shall not apply to:
(a) Licensees or certificants under this chapter who are performing licensed or certificated services for persons unable by reason of ill health, medical confinement or involuntary incarceration to go to a licensed establishment;
(b) A licensed electrologist practicing electrology or a licensed esthetician practicing esthetics under the supervision of a licensed chiropractor, dentist, medical doctor, nurse practitioner or podiatrist at a facility used by the supervising individual;
(c) A person licensed or certificated under this chapter to practice barbering, barber-styling, cosmetology, esthetics, makeup artistry or nail technology provided that:
(i) The services provided outside a licensed establishment are limited to those authorized by board rule; and
(ii) The licensee or certificant and the facility or location where the services are provided must observe and comply with the inspection, safety and disinfection requirements established by board rule; or
(d) A person licensed or certificated under this chapter to practice barbering, barber-styling, cosmetology, esthetics, makeup artistry, or nail technology practicing on a charitable basis, provided that:
(i) The person shall not charge, and the public cannot be charged;
(ii) The person and the facility or location where the services are provided must observe and comply with the inspection, safety, and disinfection requirements established by board rule; and
(iii) Charitable work cannot exceed twelve (12) days in a year.
History:
[54-5804, added 2018, ch. 228, sec. 3, p. 523; am. 2020, ch. 182, sec. 2, p. 561.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5805 - EXEMPTIONS FROM LICENSURE.

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 delegation of their professional duties.
(2) Persons who provide on-site personal care or hygiene services, including 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 cosmetic products to customers in connection with the sale or attempted sale of cosmetic products on the premises of a retail cosmetics dealer without compensation 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 services 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 perform 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 defined in section 54-5802(25), Idaho Code.
History:
[54-5805, added 2018, ch. 228, sec. 3, p. 523; am. 2019, ch. 178, sec. 1, p. 573; am. 2020, ch. 182, sec. 3, p. 562; am. 2022, ch. 291, sec. 2, p. 929; am. 2023, ch. 218, sec. 19, p. 643.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5806 - BOARD — ORGANIZATION AND MEETINGS.

54-5806. BOARD — ORGANIZATION AND MEETINGS. (1) There is hereby established in the division of occupational and professional licenses the barber and cosmetology services licensing board.
(2) The board shall consist of seven (7) members, two (2) of whom shall be licensed cosmetologists, two (2) of whom shall be licensed barbers or barber-stylists, one (1) of whom shall be a licensed electrologist or esthetician, one (1) of whom shall be a currently active school representative and one (1) of whom shall be a member of the public who does not hold a license issued under this chapter. All board members shall be residents of this state.
(3) Initial appointments to the board by the governor shall begin on July 1, 2018, and be for the following terms: two (2) members whose terms shall expire on July 1, 2019; two (2) members whose terms shall expire on July 1, 2020; and three (3) members whose terms shall expire on July 1, 2021.
(4) After their initial appointment, board members shall be appointed for a term of three (3) years by the governor. All board members shall serve at the pleasure of the governor.
(5) In the event of the death, resignation or removal of any board member before the expiration of the term to which the member is appointed, the vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment.
(6) The board shall meet annually and at such times as deemed necessary and advisable by the chair of the board, by a majority of the board’s members or by the governor. Four (4) members of the board shall constitute a quorum, provided at least one (1) board member of the relevant profession is present when any board action is taken that affects the profession, its licensees or its applicants. The board may act by virtue of a majority vote of members present in which a quorum is present.
(7) Members of the board shall be reimbursed for expenses as provided in section 59-509(n), Idaho Code.
History:
[54-5806, added 2018, ch. 228, sec. 3, p. 524; am. 2020, ch. 182, sec. 4, p. 562; am. 2021, ch. 222, sec. 42, p. 653.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5808 - APPLICATIONS.

54-5808. APPLICATIONS. Each applicant for a license, certificate or registration shall:
(1) Make application to the board on forms authorized and furnished by the board, such application to contain proof under oath by the applicant of the particular qualifications of the applicant;
(2) Pay to the board the required fee; and
(3) Provide documentation and information to establish that the applicant meets the requirements for the license, certificate or registration sought.
History:
[54-5808, added 2018, ch. 228, sec. 3, p. 526; am. 2020, ch. 182, sec. 6, p. 564.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5809 - EXAMINATIONS.

54-5809. EXAMINATIONS. The scope of the examinations for licensure and the methods of procedure shall be prescribed by the board with special reference to the applicant’s general knowledge in the particular practices for which a license is sought and the applicant’s ability to perform the particular work satisfactorily. Examinations shall include both a practical demonstration and a written test.
History:
[54-5809, added 2018, ch. 228, sec. 3, p. 526.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5811 - CERTIFICATE FOR MAKEUP ARTIST.

54-5811. CERTIFICATE FOR MAKEUP ARTIST. (1) The board shall issue a certificate to an applicant if the applicant:
(a) Completes the application form for a certificate as required by the board;
(b) Pays the fee as set by board rule;
(c) Meets the qualifications set forth in section 54-5810(1)(a), (b), and (d), Idaho Code; and
(d) Successfully completes instruction approved by the board of at least one hundred (100) hours in the practice of makeup artistry, including safety and infection control.
(2) The board may set by rule the nature of the instruction, training, experience or other qualification in the practice of makeup artistry that may be credited toward the total hours of instruction required under subsection (1) of this section. Instruction may be received from, but not limited to, the following:
(a) A cosmetology school licensed under this chapter or in another jurisdiction of the United States or in a foreign country; or
(b) A retail cosmetics dealer licensed under this chapter or in another jurisdiction of the United States.
(3) The board may set by rule the number of hours that a certificated makeup artist may be credited toward the required hours for a course of instruction or apprenticeship in cosmetology or esthetics.
History:
[54-5811, added 2018, ch. 228, sec. 3, p. 528; am. 2020, ch. 182, sec. 8, p. 567.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5812 - LICENSE FOR RETAIL COSMETICS DEALER.

54-5812. LICENSE FOR RETAIL COSMETICS DEALER. The board shall issue a license to a retail cosmetics dealer if the dealer:
(1) Completes the application form for licensure as required by the board;
(2) Pays the license fee as required by section 54-5822, Idaho Code;
(3) Specifies a location within the retail cosmetics dealer’s business premises as the area where the cosmetics will be sold; and
(4) Provides facilities and equipment in an area within the business premises to disinfect and store equipment as provided by board rule.
History:
[54-5812, added 2018, ch. 228, sec. 3, p. 528; am. 2020, ch. 182, sec. 9, p. 567.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5813 - REGISTRATION FOR RETAIL THERMAL STYLING EQUIPMENT DEALER.

54-5813. REGISTRATION FOR RETAIL THERMAL STYLING EQUIPMENT DEALER. The board shall issue a registration to a retail thermal styling equipment dealer if the dealer:
(1) Completes the application forms for registration as required by the board;
(2) Pays the registration fee as set by board rule;
(3) Specifies a location where the thermal styling equipment will be sold;
(4) Limits any demonstration of thermal styling equipment to styling less than a substantial portion of the customer’s hair;
(5) Trains its employees on the proper and safe use of the thermal styling equipment and all disinfection related to the demonstration of the equipment prior to an employee’s use of the equipment on customers; and
(6) Provides equipment and supplies in the defined area of the retail dealer’s location to properly disinfect and store equipment and supplies necessary to perform any demonstration of the thermal styling equipment as provided by board rule.
History:
[54-5813, added 2018, ch. 228, sec. 3, p. 529; am. 2020, ch. 182, sec. 10, p. 568.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5814 - FACILITY LICENSE FOR MAKEOVER OR GLAMOUR PHOTOGRAPHY BUSINESS.

54-5814. FACILITY LICENSE FOR MAKEOVER OR GLAMOUR PHOTOGRAPHY BUSINESS. (1) The board shall issue a license to a makeover or glamour photography business that:
(a) Completes the application form for licensure as required by the board;
(b) Pays the license fee as required by board rule;
(c) Specifies a location within the business premises as the area where the cosmetology practices will take place; and
(d) Provides facilities and equipment in the specified area within the business premises to properly disinfect and store equipment and supplies necessary to perform any cosmetic application services as provided by board rule.
(2) A license issued pursuant to this section does not entitle a business or any employee of such business to furnish any cosmetology services unless incidental to the providing of photographic services and does not entitle such an individual or business to furnish any cosmetology services not specifically provided by board rule.
History:
[54-5814, added 2018, ch. 228, sec. 3, p. 529; am. 2020, ch. 182, sec. 11, p. 568.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5816 - ENDORSEMENT LICENSURE.

54-5816. ENDORSEMENT LICENSURE. (1) The board, upon application and the payment of the required fee, may issue a license, certificate or registration by endorsement, without examination, to a person who meets the qualifications set forth in section 54-5810(1)(a), (b), and (d), Idaho Code, who holds a certificate of qualification or a license issued to that person by the proper authority of any state, territory or possession of the United States or of a foreign country, and who either:
(a) Provides official documentation that the requirements for licensure or certification under which the license or certificate was issued are of a standard not lower than those specified in this chapter; or
(b) Provides official documentation that said person has practiced the pursuit for which licensure is requested for at least one (1) year of the last three (3) years immediately prior to such application.
(2) The board or its agent shall evaluate each application for license or certificate by endorsement.
History:
[54-5816, added 2018, ch. 228, sec. 3, p. 532; am. 2020, ch. 182, sec. 13, p. 572.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5817 - APPRENTICESHIPS.

54-5817. APPRENTICESHIPS. No apprentice may practice independently. An apprentice may perform any and all acts necessary for professional training within the scope of this chapter when such acts are performed in compliance with board rule, including immediate personal supervision of the apprentice by a licensed instructor. Establishments employing apprentices shall keep a daily work record of the attendance of such apprentices and shall, upon the termination of such apprenticeship, certify to the board the total number of hours worked and the types of instruction given to the apprentice. All apprenticeships must be completed within three (3) years from the time of commencement, unless an extension is approved by the board for good cause. The specific time allowed for each apprenticeship shall be set by board rule.
History:
[54-5817, added 2018, ch. 228, sec. 3, p. 532; am. 2019, ch. 150, sec. 3, p. 504; am. 2020, ch. 182, sec. 14, p. 572.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5818 - ESTABLISHMENTS — INSPECTION RULES.

54-5818. ESTABLISHMENTS — INSPECTION RULES. Inspections for the purpose of enforcing the provisions of this chapter shall be made by the board. The board shall have authority to prescribe safety, disinfection and sanitary requirements for barber and cosmetology establishments, retail cosmetics dealers, retail thermal styling equipment dealers and barber and cosmetology schools as such requirements apply to the nature of the work performed. The officers of the board or its agents shall have authority to enter and inspect at any time during business hours any barber or cosmetology establishment, retail cosmetics dealer, retail thermal styling equipment dealer, barber or cosmetology school or other location where barber-styling or cosmetology services are being provided. A copy of the rules adopted by the board shall be made available upon request by the board to the owner or manager of each establishment, retail cosmetics dealer, retail thermal styling equipment dealer, or school.
History:
[54-5818, added 2018, ch. 228, sec. 3, p. 532; am. 2020, ch. 182, sec. 15, p. 572.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5819 - DISINFECTION.

54-5819. DISINFECTION. (1) Except as otherwise provided in subsection (2) of this section, all instruments used by persons practicing pursuant to this chapter shall, after cleaning and prior to use on each patron, be disinfected with disinfectants registered by the United States environmental protection agency as effective against staphylococcus aureus (including methicillin-resistant staphylococcus aureus), human immunodeficiency virus and hepatitis B. All disinfectants shall be mixed, changed and used according to the manufacturers’ instructions for disinfection between each patron.
(2) Nail instruments that are intended for single use or that are porous shall be disposed of after each use on a patron.
(3) Every precaution shall be taken by persons practicing pursuant to this chapter to prevent the transfer of disease-causing pathogens between people.
History:
[54-5819, added 2018, ch. 228, sec. 3, p. 533.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5820 - ISSUANCE AND DISPLAY OF LICENSE, CERTIFICATE OR REGISTRATION.

54-5820. ISSUANCE AND DISPLAY OF LICENSE, CERTIFICATE OR REGISTRATION. The board shall issue a license, certificate or registration and certificate of licensure to applicants who have successfully met the qualifications for licensure, certification or registration. Every holder of a license, certificate or registration shall display it in a publicly conspicuous place adjacent to or near the area where the practice is conducted. An establishment license must be publicly displayed at all times during the term of licensure in the establishment for which it is issued.
History:
[54-5820, added 2018, ch. 228, sec. 3, p. 533.]