Idaho Code 54-5804 – Prohibitions Regarding Establishments — Exceptions
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(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.
Terms Used In Idaho Code 54-5804
- 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:
Idaho Code 54-5802Barbering: 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:
Idaho Code 54-5802Board: means the barber and cosmetology services licensing board established by section 54-5806, Idaho Code. See Idaho Code 54-5802 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:
Idaho Code 54-5802Electrologist: means a person licensed to practice electrology, as defined in this section, and skilled in the permanent removal of unwanted hair. See Idaho Code 54-5802 Establishment: means a place licensed under this chapter, other than a licensed school, where barbering, barber-styling, cosmetology or electrology is practiced. See Idaho Code 54-5802 Esthetician: means a person licensed to practice esthetics as defined in this section. See Idaho Code 54-5802 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. See Idaho Code 54-5802 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. See Idaho Code 54-5802 Nail technology: means any one (1) or more of the following practices when performed on the human body:
Idaho Code 54-5802person: includes a corporation as well as a natural person;
Idaho Code 73-114