IDAHO STATE BOARD OF COSMETOLOGY
February 5, 2007
NOTE: THIS IS A DRAFT AND HAS NOT BEEN APPROVED BY THE BOARD
Meeting called to order at 8:30 a.m. by Chair Eric Negaard. Those present: Joni Huff, Vice Chair; Board
members Mary Lambert, Bonnie Sermon, and Mildred Hill-Herbold. Bureau Staff present: Bureau Chief
Tana Cory, Deputy Bureau Chief Bill Schaefer, Technical Records Specialist I Kim Aksamit, and Legal
Counsel, Roger Hales.
Others Present: Karin Jones, Deputy Attorney General, Ronda Clark, LaDonn Goodfellow, Peggy Foster,
Rick Evans, April Evans, Grant Gardner, Nancy Roland, JR Scholes, Rick Fuger, Kim Barton, Rhonda
Hansen, Patrick Ulsh, Teena Steinmet, Susan Plagge, Lisa Salisbury, Kathy Hopkins, Wendy Florence,
Kathleen Walters, Jeni Giles, and Linda Mottishaw.
Motion made by Ms. Huff to approve the minutes from June 6, 2006 as submitted, seconded by Ms.
Lambert; motion carried.
Motion made by Ms. Lambert to approve the minutes from July 27, 2006 as submitted, seconded by
Ms. Huff; motion carried.
Motion made by Ms. Lambert to approve the minutes from October 2, 2006 as submitted, seconded
by Ms. Huff; motion carried.
Motion made by Ms. Huff to approve the minutes from December 29, 2006 as submitted, seconded
by Ms. Lambert; motion carried.
Motion made by Ms. Huff that Ms. Lambert hold the position of Secretary, seconded by Ms. Sermon;
motion carried.
Motion made by Ms. Lambert that Ms. Huff hold the position of Vice Chair,
seconded by Ms. Sermon;
motion carried.
Motion made by Ms. Huff that Mr. Negaard hold the position of Chair, seconded by Ms. Lambert;
motion carried.
Ms. Cory presented the legislative report.
Mr. Schaefer presented the financial report.
Mr. Hales presented the investigative report.
Complaint / Investigative Report
FY2007: To date, forty-six (46) complaints have been received. Of those, one (1) has been closed
following Board review; ten (10) are pending legal review, twenty-eight (28) remain under investigation;
and seven (7) await Board determination.
FY2006: Eighty-five (85) complaints were received. Of those, thirty-three (33) have been closed
following Board review; eleven (11) were closed following disciplinary action; twenty-four (24) are
pending legal review, twelve (12) remain under investigation; and five
(5) await Board determination.
FY-2005: Sixty-five (65) complaints were received. Of those, twenty-seven (27) have been closed
following Board review; twenty (20) were closed following disciplinary action; seven (7) are pending
legal review; ten (10) remain under investigation; and one (1)
awaits Board determination.
FY-2004: Seventy three (73) complaints were received. Of those, forty-five (41) were closed following
Board review; twenty-three (23) were closed following disciplinary action; four (4) are pending legal
review; and one (1) remains under investigation.
For Board determination
COS-L2-1-2005-64: Moved by Ms. Lambert to accept the recommendation of the Bureau to close with
an
advisory letter to Respondent. Seconded by Ms. Sermon, motion carried.
COS-P5-2-2006-40: Moved by Ms. Huff to accept the recommendation of the Bureau to close with an
advisory letter to the School regarding the importance of adequate training in sanitation, laws and
rules training, and diligent record keeping. Seconded by
Ms. Lambert, motion carried.
COS-P2-2-2006-46: Moved by Ms. Hill- Herbold to accept the recommendation of the Bureau for
closure
without action. Seconded by Ms. Huff, motion carried.
COS-B1C-2-2006-50: Moved by Ms. Lambert to accept the recommendation of the Bureau to close
with an advisory letter regarding maintaining current licensure and leaving during an inspection,
seconded by Ms. Huff; motion carried.
COS-L1B-2-2006-60: Moved by Ms. Huff to accept the recommendation of the Bureau for closure
without
action, seconded by Ms. Sermon; motion carried.
COS-B1-2-2006-65: Moved by Ms. Huff to accept the recommendation of the Bureau for closure
with a cease & desist letter, seconded by Ms. Lambert; motion carried.
COS-B5-1-2007-3: Moved by Ms. Sermon to accept the recommendation of the Bureau
for closure
without action, seconded by Ms. Hill-Herbold; motion carried.
COS-B1B-2-2007-12: Moved by Ms. Hill- Herbold to accept the recommendation of the Bureau for
closure with an advisory letter regarding Respondents responsibility to confirm current licensure
of employees, seconded by Ms. Sermon; motion carried.
COS-B1C-2-2007-13: Moved by Ms. Hill-Herbold to accept the recommendation of the Bureau for
closure with an advisory letter regarding Respondents responsibility to maintain current licensure,
seconded by Ms. Huff; motion carried.
COS-P5-2-2007-14: Moved by Ms. Huff to accept the recommendation of the Bureau for closure
without
action, seconded by Ms. Hill-Herbold, motion carried.
COS-L1B-4-2007-20: Moved by Ms. Huff to accept the recommendation of the Bureau for closure
with advisory letter, seconded by Ms. Sermon; motion carried.
COS-P3C-2-2007-23: Moved by Ms. Lambert to accept the recommendation of the
Bureau for closure
with an advisory letter, seconded by Ms. Hill-Herbold; motion
carried.
COS-B1-1-2007-25: Moved by Ms. Huff to accept the recommendation of the Bureau for closure with
a cease
& desist letter to Respondent and advisory letter to the college regarding the
licensure requirements, seconded by Ms. Sermon; motion carried.
Disciplinary Action
Karin Jones, Deputy Attorney General from the Office of the Attorney General presented a memorandum
to the Board and several Consent Order’s. Each matter was discussed separately and the following
motions were made. Eric Negaard recused himself from discussion and voting in case number
COS-2007-11.
COS-2007-5 from the memorandum; Moved by Ms. Hill-Herbold to accept the recommendation of
the Attorney General regarding the advisory letter but to also note that a copy of the Board’s current
laws and rules are available on the Board’s web page, seconded by Ms. Sermon; motion carried.
COS-2006-22: Moved by Ms. Huff to accept the Stipulation and Consent Order in the matter of
Cosmetology School of Arts And Science, License No. CC-220605 and to authorize Chairman
Negaard to sign the Order on behalf of the Board, seconded by Ms. Sermon; motion carried.
COS-2006-23: Moved by Ms. Lambert to accept the Stipulation and Consent Order in the matter
of Helen K. Fager, License No. RC-18533 and to authorize Chairman Negaard to sign the Order
on behalf of the Board, seconded by Ms. Huff; motion carried.
COS-2006-24: Moved by Ms. Lambert to accept the Stipulation and Consent Order in the matter
of Nikki R. Brunner, License No. RC-15997 and to authorize Chairman Negaard to sign the Order
on behalf of the Board, seconded by Ms. Huff; motion carried.
COS-2006-27: Moved by Ms. Lambert to accept the Stipulation and Consent Order in the matter
of Barber And Brew, License No. CS-5414 and to authorize Chairman Negaard to sign the Order
on behalf of the Board, seconded by Ms. Huff; motion carried.
COS-2006-29: Moved by Ms. Huff to accept the Stipulation and Consent Order in the matter of A
Day Spa, License No. CS-6096 and to authorize Chairman Negaard to sign the Order on behalf of
the Board, seconded by Ms. Lambert; motion carried.
COS-2006-34: Moved by Ms. Herbold to accept the Stipulation and Consent Order in the matter
of Ketchum Nails, License No. CS-225074 and to authorize Chairman Negaard to sign the Order
on behalf of the Board, seconded by Ms. Sermon; motion carried.
Motion made by Ms. Huff to authorize the Bureau to terminate files over 5 years old seconded,
by Ms. Hill-Herbold; motion carried.
Discussion was held regarding researching the law and rules to change language regarding the
exam process; no action taken at this time.
Motion made by Ms. Huff, to accept the application for the new location for Headmasters Boise,
seconded by Ms. Lambert; motion carried.
A committee of Ms. Huff, Ms. Lambert, and Ms. Hill-Herbold has been established to research
school curriculums and standards for training in regards to hours for areas of study and report
back to the Board with recommendations, Ms. Sermon will make recommendation for esthetics
and electrology curriculums.
Motion made by Ms. Huff, to have the Board cover all expenses and honorarium to attend the
NIC Region 3 and 4 meeting in Missoula, Montana, seconded by Ms. Lambert; motion carried.
Motion made by Ms. Huff to ask the Bureau to set up a budget to make a DVD to present to NIC
to hold an Annual conference in Coeur D’ Alene, seconded by Ms. Lambert; motion carried. The
Board was advised that they may not be approved to use funds to make a DVD because it is not
directly related to public health and safety. Research will be done and the Board will be advised.
Peggy Foster with the School Owners Association brought discussion back to the board to have
students be able to take the examination at 1800 hours instead of 2000 hours, no action was taken.
Motion made by Ms. Lambert to go into executive session to consider records that are exempt
from disclosure as provided in 67-2345(1)(d), Idaho Code, seconded by Ms. Huff; motion carried.
Motion made by Ms. Huff to come out of executive session, seconded by Ms. Lambert; motion
carried.
Motion made by Ms. Lambert to have applicants that have been licensed in Idaho and have let
their license lapse over 5 years must take the full examination, pay back fees and the reinstatement
fee, seconded by Ms. Hill-Herbold; motion carried.
Ms. Lambert and Mr. Negaard left for the rest of the meeting.
Motion made by Ms.
Hill-Herbold to accept the Burton Academy’s policy and procedures as
submitted to the Board per the consent order in Case number COS-2006-19, seconded by Ms.
Applications were reviewed and approved. Lists of licensees are available by accessing the
Boards web page and upon request.
Meeting adjourned