Idaho State Board of Cosmetology
Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, Idaho 83702-5642
(208) 334-3233

Meeting called to order at 8:30 a.m.  Those present: Chairperson Christy Stutzke, Board members Patrick Ulsh, Carol Martin and Eric Negaard, with Geneal Thompson being absent.  Bureau staff present: Bureau Chief Rayola Jacobson, Deputy Bureau Chief Budd Hetrick, Chief Investigator John Kersey, Lee Fish, and Cherie Simpson. Others present:  Cosmetology legal counsel Carl Erickson, Financial Management Analyst David Hahn, Deputy Attorney General Bill vonTagen, Allison McClintick Office of the Governor, Jena Christensen, Sherry Whiting, Michelle Runkie, Nancy Roland, Bonnie Rowe, E.B.Scholes, Shandee Miller, Peggy Foster, Justine Foster, Connie Lough, Denise Thompson, Carrie Parot, Dianna McColmant, Payton McCormick, Charlene Wicks. 

Patrick Ulsh moved, second by Carol Martin that the minutes be approved as corrected.  The motion carried. 

Lee Fish, the newest Bureau staff member, was introduced to the Board and audience. She began her assignment as the Board’s secretary on May 28. 

Bureau Chief Jacobson reported that the Bureau staff is drafting legislation that will change the date of license renewals from once each year in December to once each year on the licensees’ birth date.  This change has been approved by most all of the Boards under contract with the Bureau.  Chief Jacobsen requested the Board consider this change and if approved, do so by Board action.  She also reported that the Bureau has revamped the phone system to enable more access to the Bureau staff, and that the Bureau is striving for a paperless review of minutes, agendas and financial reports via the internet and PowerPoint presentations.  Ms. Stutzke explained that the Board is striving for one-day Board meetings to hold costs down.  She also reminded the audience the October Board meeting will be held October 21 and the exam will be held October 22 due to a conflict with the National meeting. 

Mr. Kersey presented the investigative report.  29 complaints received, 21 under investigation or legal review.  27 complaints last year, 9 remain under legal review. 

Moved by Mr. Ulsh, seconded by Ms. Martin that Board go into Executive session to discuss pending litigation. 

Moved by Mr. Ulsh, seconded by Mr. Negaard to come out of Executive session. 

COS-B5A-02B-02-77 – moved by Ms. Martin that the recommendation be accepted with the stipulations on further disciplinary action, seconded by Mr. Ulsh, carried. All reports of recommendations for disciplinary action were given back to Mr. Kersey. 

Mr. Ulsh stated that Peggy Moon of NIC has chosen Ms. Stutzke as a Master Trainer for the examination.  The Board offered their congratulations.  Ms. Stutzke explained that her position with NIC would in no way impact the finances of the Board of Cosmetology.  She explained that the Board would be attending the Region IV meeting to be held in Lake Tahoe on June 22 –23, 2002 and will proceed to Boise to administer exam on June 24, 2002. 

Mr. Hetrick distributed the financial report.  Discussion was held.  Reimbursement checks for March meeting were discussed.  Mr. Hetrick advised the Board that it is the Bureau’s policy to process all properly completed reimbursement requests in a timely manner. 

Moved by Mr. Ulsh that the Board be allowed reimbursement for rental cars for the Lake Tahoe NIC Region Meeting and for the Hilton Head, SC NIC meeting in October 2002.  Seconded by Mr. Negaard.  Carried. 

J.R. Scholes addressed the Board on an issue about a student who is attending Headmasters in Boise, but previously attended Continental.  Mr. Negaard recused himself from the discussion and left the room.  The student, Jena Christensen, presented a plea to the Board for credit of at least 450 hours from Continental as she has unsuccessfully tried to obtain a record of instruction. Mr. Kersey explained that this matter is an on-going investigation and noted that the integrity of the investigation may be compromised should the Board discuss the matter. 

Moved by Mr. Ulsh, seconded by Ms. Martin that Board go into executive session to discuss pending litigation.  Mr. Negaard recused himself from the session and left the room. 

Moved by Ms. Martin, seconded by Mr. Ulsh to come out of executive session. 

The Board asked Mr. Negaard for clarification on the financial aid aspect of schools. A) If a student left a school that went defunct and had financial aid, what would happen to that student?  Mr. Negaard explained that the student is offered two choices: 1) they can start over at zero hours and not have to pay back the loan, or 2) they can take credit for hours and have to pay back the loan with any monies overpaid being credited back to the student.  B) How is the disbursement made? To the student or the school? Mr. Negaard answered that it goes to the school with the balance to student for living expenses, etc.  It is illegal to have a balance on the books. 

Break for 10 minutes. 

David Hahn, Financial Analyst for the Division of Financial Management presented the Board with training regarding Parlimentary procedures.  He walked the Board through the Parlimentary procedures manual that was distributed to the Board. 

Bill vonTagen from the Office of the Attorney General reviewed the open meeting laws and the Idaho open Meeting Law Manual with the Board.  Possible executive sessions and their reasons should be noted on the agenda. 

Nancy Kerr, Executive Director for the Board of Medicine, presented a brief overview for Intense Pulsed Light and/or Laser Devices.  Question: Can Class I devices be used in the Cosmetology field? Answer: Only if they are not labeled as prescriptive devises. Q: Is there now an existing law that prohibits the use of Class II & III devices by anyone other than a medical doctor? A: 54-1804 prohibits the practice of medicine without a license. 

School owners representative Mr. Scholes addressed the Board on a meeting the association held over the weekend on training for instructors.  Mr. Scholes stated that concerns and opinions were addressed during Saturday’s meeting in regards to additional procedures that may protect the students (i.e. R-40’s being submitted to the Board of Cosmetology monthly).  Mr. Scholes reported that there was no consensus and the issue was tabled for now.  Ms. Martin told the Association members that students are still not completing the haircutting section in the 30 minute time frame due to using the razor too much, then going back over the same place with the scissors.  Mr. Ulsh stated that some candidates spend 15 minutes combing out the hair on the mannequin head.  He also noted that the heads cannot have pre-marked sections.  Discussion was held on the mannequin hand.  Tips must be applied to hand upon arrival at test site.  If hand is room temperature they are easier to work with. 

Richard Copsey of Idaho Barber & Beauty addressed the Board on the issue of demonstration permits.  Mr. Copsey asked that the Board consider issuing a yearly permit with one fee for a demonstration outlet.  As the primary demonstrator sponsor for educational events he feels this would make the process simpler. The Board took no action. 

New Business 

Legislative verbage- nail exam mannequins, license renewal date change, contiguous shop square footage to mirror barber language.  Rule 491.00 to omit last sentence.  Ms.Stutzke explained proposal regarding contiguous shop space – 300.02.b and 300.03.d – use language in Barber law/rule. 

Lunch break until 1:15 p.m. 

Meeting brought to order at 1:15 p.m.  Ms. Stutzke asked Mr. Hetrick for a summary of the problems that were encountered with the fees charged on demo permits regarding the facility fee that has been charged.  Mr. Hetrick explained that the current law does not allow the Board to assess a fee for the facility.  October 2000 minutes were reviewed noting a Board policy to charge a $10.00 facility fee.  It was determined that because there is no statutory authority for this fee, refunds were made to those charged the fee.  Mr. Hetrick presented the proposed rule and law changes – 301.07 was discussed.  The Board asked that the language be revised for situations where previous owner cannot or will not submit a letter or the license.  Discussion was held on the statutory changes allowing annual license renewal on the licensee’s birthdate.  Discussion was held on annual renewal vs. bi-annual renewal.  Every 2 years would require additional programming changes that would be costly, and the number of those failing to renew could increase.  Moved by Ms. Martin that we accept the draft proposal changes to law and rule for the Legislative session in 2003.  Seconded by Mr. Ulsh.  Carried. 

Mr. Ulsh’s term on the Board expires 11/01/2002.  He is seeking re-appointment. Terms for Linda Waters and Lynn Fitzgerald are also expiring 11/01/2002. 

Correspondence 

SMT evaluation was reviewed.  Idaho is doing well. 

Letter was read from Vincent Wells requesting licensure as an esthetician based on experience under a physician.  We will send a letter stating that the request has been denied.  She could enroll in a school and take the hours required by law. 

Letter was read from Paula Kerr on MMA.  No action.  Board has no jurisdiction over specific products.  The FDA has jurisdiction over products. 

Letter from Sharon Danielson was reviewed again.  She was requesting a separate room for the nail technician exam due to allergies to Backscratchers chemicals.  Request was denied.  Proper documentation would need to be submitted, i.e. Doctor’s letter stating that she must have a separate room. 

File review

 COSA-221495 approved for examination. 

Meeting adjourned at 3:40 p.m.  Tour of new Board and exam space to follow meeting.

Last Modified - February 19, 2008