Section 54-5802 - DEFINITIONSAs used in this chapter:
(1) "Apprentice" means a person registered with the barber and cosmetology services licensing board to learn an occupation in a licensed establishment who, while so learning, performs or assists in performing any practices of barbering, barber-styling, cosmetology, or electrology.(2) "Barber" means a person licensed to practice barbering as defined in this section.(3) "Barbering" means any one (1) or any combination of the following practices when performed on the upper part of the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments:(a) Shaving the face or cutting, trimming, arranging, dressing, curling, cleansing, singeing or performing similar work on the hair;(b) Fitting, cutting or dressing hairpieces or toupees;(c) Giving facial and scalp massages or treatments with oils, creams, lotions or other preparations, either by hand or by a mechanical appliance; and(d) Applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to the scalp, face, and neck.(4) "Barber-styling" means any one (1) or any combination of the following practices when performed on the upper part of the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments: (a) Shaving the face or cutting, trimming, arranging, dressing, curling, waving by any method, straightening, cleansing, singeing, bleaching, coloring or performing similar work on the hair;(b) Fitting, cutting or dressing hairpieces or toupees;(c) Giving facial and scalp massages or treatments with oils, creams, lotions or other preparations, either by hand or by a mechanical appliance; and(d) Applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to the scalp, face, and neck.(5) "Barber-stylist" means a person licensed to practice barber-styling as defined in this section.(6) "Board" means the barber and cosmetology services licensing board established by section 54-5806, Idaho Code.(7) "Cosmetologist" means a person licensed to practice cosmetology as defined in this section.(8) "Cosmetology" means any one (1) or any combination of the following practices when performed on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments:(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) of this section;(b) Fitting, cutting or dressing hairpieces or toupees;(c) Noninvasive care of the skin by application of cosmetic preparations, antiseptics, tonics, lotions, creams and essential oils to cleanse, massage, exfoliate, hydrate and stimulate; makeup application; pore extraction; use of chemical exfoliants approved for professional esthetic use; particle exfoliation; use of any class I medical device, as classified by the United States food and drug administration, designed for care of the skin, except that a class II medical device designed for care of the skin may be used as directed and supervised by an authorized and licensed health care practitioner; temporary removal of superfluous hair by lotions, creams, waxing, tweezing, depilatories or other means; and tinting or perming the eyebrows and eyelashes; and(d) Manicuring and pedicuring nails and applying artificial nails.(9) "Division" means the division of occupational and professional licenses.(10) "Electrologist" means a person licensed to practice electrology, as defined in this section, and skilled in the permanent removal of unwanted hair.(11) "Electrology" or "electrolysis" means the permanent removal of hair by destroying the hair-producing cells of the skin and vascular system through the use of equipment and devices approved by and registered with the United States food and drug administration.(12) "Establishment" means a place licensed under this chapter, other than a licensed school, where barbering, barber-styling, cosmetology or electrology is practiced.(13) "Esthetician" means a person licensed to practice esthetics as defined in this section.(14) "Esthetics" means noninvasive care of the skin by application of cosmetic preparations, antiseptics, tonics, lotions, creams and essential oils to cleanse, massage, exfoliate, hydrate and stimulate; makeup application; pore extraction; use of chemical exfoliants approved for professional esthetic use; particle exfoliation; use of any class I medical device, as classified by the United States food and drug administration, designed for care of the skin, except that a class II medical device designed for care of the skin may be used as directed and supervised by an authorized and licensed health care practitioner; temporary removal of superfluous hair by lotions, creams, waxing, tweezing, depilatories or other means; and tinting or perming the eyebrows and eyelashes.(15) "Haircutting" means cutting, trimming, arranging, dressing, curling, cleansing, singeing or performing similar work on the hair and fitting, cutting or dressing hairpieces or toupees.(16) "Hairpieces or toupees" means a full or partial head covering that is made from natural or synthetic hair that is affixed to a person's scalp, hair, or head with an adhesive agent such as glue, tape, keratin bonds, fusion bonds, or other bonding agent, and is worn during activities such as sleep, exercise, and bathing.(17) "High school student" means a person who has completed the first two (2) years of high school and is enrolled in a high school or secondary school licensed under this chapter.(18) "Instructor" means a person licensed under this chapter to practice and teach any practice defined in this section.(19) "Instructor trainee" means a barber, barber-stylist or cosmetologist attending a licensed school to receive training to teach barbering, barber-styling or cosmetology.(20) "Licensed school" means a secondary or postsecondary barber, cosmetology, or electrology school that: (a) Is licensed under its official name by the barber and cosmetology services licensing board; and(b) Admits as students only those individuals who meet the requirements of section 54-5810(1)(b), Idaho Code.(21) "Makeover or glamour photography business" means a business offering photographic services to the general public in which the business's employees apply cosmetic products to customers' faces or arrange the hair of customers in connection with the sale or attempted sale of photographic services.(22) "Makeup artist" means a person certificated to practice makeup artistry as defined in this section.(23) "Makeup artistry" means noninvasive care of the skin by application 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) "Nail technician" means a person licensed to practice nail technology as defined in this section.(25) "Nail technology" means any one (1) or more of the following practices when performed on the human body:(a) Manicuring and pedicuring nails;(b) Applying artificial nails; and(c) Massaging the hands and feet.(26) "Natural hair braiding" means the service of twisting, wrapping, weaving, extending, locking, or braiding hair by hand or with a mechanical device. (a) "Natural hair braiding" includes: (i) The use of natural or synthetic hair extensions, natural or synthetic hair and fibers, and decorative beads and other hair accessories;(ii) Minor trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, or braiding hair;(iii) The making of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions; and(iv) The use of topical agents, such as conditioners, gels, moisturizers, oils, pomades, and shampoos, in conjunction with performing services under subparagraphs (i) or (ii) of this paragraph.(b) "Natural hair braiding" does not include:(i) The application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair; or(ii) The use of chemical hair joining agents, such as synthetic tape, keratin bonds, or fusion bonds.(27) "Retail cosmetics dealer" means a stationary business offering cosmetic products for sale at retail to the general public in which the business's employees apply cosmetic products to customers' faces in connection with the sale or attempted sale of the products without compensation from the customer other than the regular price of the products.(28) "Retail thermal styling equipment dealer" means a retail business that offers thermal styling equipment, such as curling irons, curling 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) "Student" means a person learning barbering, barber-styling, cosmetology or electrology at a licensed school who, while so learning, performs or assists in performing any practices of barbering, barber-styling, cosmetology or electrology.(30) "Wig" means a removable head covering that is made from natural hair, natural fibers that resemble hair, or synthetic fibers that resemble hair. A wig is not affixed to a person's scalp or hair using an adhesive agent such as glue, tape, keratin bonds, fusion bonds, or other bonding agent.[54-5802, added 2018 , ch. 228, sec. 3 , p. 520; am. 2019 , ch. 150, sec. 1 , p. 499; am. 2020 , ch. 182, sec. 1 , p. 558.]Amended by 2024 Session Laws, ch. 155,sec. 1, eff. 3/22/2024.Amended by 2023 Session Laws, ch. 218,sec. 18, eff. 7/1/2023.Amended by 2022 Session Laws, ch. 250, sec. 1, eff. 7/1/2022.Amended by 2022 Session Laws, ch. 94, sec. 79, eff. 7/1/2022.Amended by 2022 Session Laws, ch. 291, sec. 1, eff. 3/28/2022.Amended by 2020 Session Laws, ch. 182, sec. 1, eff. 7/1/2020.Amended by 2019 Session Laws, ch. 150, sec. 1, eff. 7/1/2019.Added by 2018 Session Laws, ch. 228, sec. 3, eff. 7/1/2018.