IBOL COMPLAINT MEMORANDUM

 

            DATE:            June 1, 2009 

            TO:                 IDAHO BOARD OF COSMETOLOGY 

            SUBJECT:    Investigative Report

 

Fiscal Year 2009 (to date)

            Total Complaints received                                                                                       78

            Status:
                        Closed by Board action                                                                     12
                        Closed following disciplinary action                                                10
                        Pending Office of the Attorney General                                          13
                        Remaining under investigation                                                         37
                        Awaiting Board determination                                                            6

            Inspections  546

 

Fiscal Year 2008

            Total Complaints received                                                                                       92

            Status:
                        Closed by Board action                                                                     30
                        Closed following disciplinary action                                                24
                        Pending Office of the Attorney General                                          23
                        Remaining under investigation                                                         14
                        Awaiting Board determination                                                            1

            Inspections  1816

 

Fiscal Year 2007

            Total Complaints received                                                                                       65

            Status:
                        Closed by Board action                                                                     41
                        Closed following disciplinary action                                                16
                        Pending Office of the Attorney General                                            7
                        Awaiting Board determination                                                            1

            Inspections  750

 

Fiscal Year 2006

            Total Complaints received                                                                                       84

            Status:                       
                        Closed by Board action                                                                     51
                        Closed following disciplinary action                                                32
                        Pending Office of the Attorney General                                            1

            Inspections  930

 

Fiscal Year 2005

            Total Complaints received                                                                                       64

            Status:
                        Closed by Board action                                                                     37
                        Closed following disciplinary action                                                26
                        Pending Office of the Attorney General                                            1

            Inspections  1176

 

Fiscal Year 2004

            Total Complaints received                                                                                       73

            Status:
                        Closed by Board action                                                                     46
                        Closed following disciplinary action                                                26
                        Pending Office of the Attorney General                                            1

            Inspections  1636

 

Fiscal Year 2003

            Total Complaints received                                                                                       58

            Status:                       
                        Closed by Board action                                                                     39
                        Closed following disciplinary action                                                18
                        Pending Office of the Attorney General                                            1

            Inspections  1569

 

 

For Board Determination:

I-COS-2007-31                   C alleged that R cheated on licensure test to become licensed in Idaho with the help of the testing facility and state board inspector. INV revealed that the C is unreliable and could not provide any information to support the allegations. INV obtained statements from testing facility personnel, but no evidence was revealed to support the allegations. IBOL recommends the Board authorize closure.

I-COS-2008-69                   C alleged that the R is practicing waxing and facials without a license.  C states that the massage therapist is also doing facials, waxing and body wraps and is not licensed either.  C also states that the R is not handling food properly with gloves and states that R does not have a food card.  C states that the R says sexual remarks to the C.  C also states that R wanted C to marry a person from Japan so that person could get immigration papers in the USA. INV revealed the R was requiring employees to provide facial services to clients without being properly licensed.  Sent to the DAG. DAG review determined that there is not sufficient evidence to proceed with prosecution as there appears to be a employee/employer dispute.  No evidence was revealed to support any violation of the Cosmetology Act.  Therefore, IBOL recommends that the file be closed.

I-COS-2009-16 & 17         C alleged the R is practicing without a license. INV revealed on numerous occasions the R's residence was under surveillance and no clients were viewed coming in or out of the R home.  R did state they would only cut the family's hair.  INV did not reveal evidence to support the allegation or a violation.  IBOL recommends the Board authorize closure.

I-COS-2009-25                   C alleged the R's establishment is filthy. C stated while at the establishment the child of the R was washing dogs in the hair sink and used hair clippers on another dog. C also stated that one of the dogs urinated on the floor and the R did not clean it up. INV revealed that an initial inspection of R's facility revealed non-compliance and a C card was issued. A subsequent inspection revealed compliance and resulted in a passing score of 98 and an A classification card was issued. IBOL recommends the board authorize closure.

I-COS-2009-31                   C alleged the R's students were cutting hair without a permit at a park and there was no hot and cold running water. INV revealed the C did not witness the incident but was informed through a student.  The INV also revealed the R only styled hair and did not perform any haircuts.  INV did not reveal any evidence to support the allegation or a violation.  IBOL recommends the Board authorize closure.

I-COS-2009-40                   C alleged the facility was inspected and received a failing score of 60 and a C classification card was issued. INV revealed the re-inspection score was a passing score of 95 and an A classification card was issued.  IBOL recommends the Board authorize closure.

I-COS-2009-56                   C alleged the R was practicing outside the scope of their license.  C states the R was performing “smart lipo” procedures without direct supervision of a doctor.  C also states the outcome of the service was unacceptable and required a second surgery by another doctor and tri-active treatments to help treat and smooth out the deformed looking areas. INV revealed per Idaho state law the R is performing under the doctor's license and direction.  IBOL recommends the Board authorize closure and forward a copy of the Investigative report to the BOM.

 


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Last Modified - June 01, 2009