IBOL COMPLAINT MEMORANDUM

 

 

DATE:††††††††††† February 7, 2011

 

††††††††††† TO:††††††††††††††††† Idaho Board of Cosmetology

 

††††††††††† SUBJECT:††††† Investigative Report

 

 

Fiscal Year 2011 (to date)

††††††††††† Total Complaints received†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 147

††††††††††† Status:

††††††††††††††††††††††† Closed by Board action††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 12

††††††††††††††††††††††† Closed following disciplinary action††††††††††††††††††††††††††††††††††††††††††††††††††††††† 7

††††††††††††††††††††††† Pending Legal Review††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 11

††††††††††††††††††††††† Pending IBOL disciplinary action†††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 69

††††††††††††††††††††††† Remaining under investigation††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 32

††††††††††††††††††††††† Awaiting Board determination†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 16

 

††††††††††† Inspections1570

††††††††††††††††††††††† Attempted633

††††††††††††††††††††††† Completed937

 

Fiscal Year 2010

††††††††††† Total Complaints received†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 290

††††††††††† Status:

††††††††††††††††††††††† Closed by Board action††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 54

††††††††††††††††††††††† Closed following disciplinary action††††††††††††††††††††††††††††††††††††††††††††††††††††† 82

††††††††††††††††††††††† Pending Legal Review††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 40

††††††††††††††††††††††† Pending IBOL disciplinary action†††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 37

††††††††††††††††††††††† Remaining under investigation††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 53

††††††††††††††††††††††† Awaiting Board determination†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 24

 

††††††††††† Inspections2779

††††††††††††††††††††††† Attempted1027

††††††††††††††††††††††† Completed1752

 

Fiscal Year 2009

††††††††††† Total Complaints received†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 123

††††††††††† Status:

††††††††††††††††††††††† Closed by Board action††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 52

††††††††††††††††††††††† Closed following disciplinary action††††††††††††††††††††††††††††††††††††††††††††††††††††† 45

††††††††††††††††††††††† Pending Legal Review††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 16

††††††††††††††††††††††† Pending IBOL disciplinary action†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 4

††††††††††††††††††††††† Remaining under investigation††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 4

††††††††††††††††††††††† Awaiting Board determination†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 2

 

††††††††††† Inspections1246

††††††††††††††††††††††† Attempted444

††††††††††††††††††††††† Completed802

 

Fiscal Year 2008

††††††††††† Total Complaints received†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 92

††††††††††† Status:

††††††††††††††††††††††† Closed by Board action††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 46

††††††††††††††††††††††† Closed following disciplinary action††††††††††††††††††††††††††††††††††††††††††††††††††††† 38

††††††††††††††††††††††† Pending Legal Review††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 8

 

††††††††††† Inspections1817

††††††††††††††††††††††† Attempted788

††††††††††††††††††††††† Completed1029

 

Fiscal Year 2007

††††††††††† Total Complaints received†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 65

††††††††††† Status:

††††††††††††††††††††††† Closed by Board action††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 42

††††††††††††††††††††††† Closed following disciplinary action††††††††††††††††††††††††††††††††††††††††††††††††††††† 21

††††††††††††††††††††††† Pending Legal Review††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 2

 

††††††††††† Inspections750

††††††††††††††††††††††† Attempted163

††††††††††††††††††††††† Completed587

 

For Board Determination:

 

I-COS-2009-115 and I-COS-2009-116C alleged R is allowing licensed cosmetologists who are not licensed barbers to use straight razors to shave necks and heads.R informed the investigator that she does use a razor for razor cuts and that the razor has a guard on it.R stated that she has also used the razor with a guard to trim necks, but that she does not do razor shaves or shave the head.The investigator was unable to locate anyone who could support Cís allegations; therefore, IBOL recommends that the Board authorize closure.

 

I-COS-2010-30 and I-COS-2010-31During an inspection, the investigator discovered a dog in the establishment while cosmetology services were being performed on the general public.The investigator informed R that non-service dogs were not allowed in establishments. Because this is the first offense, IBOL recommends that the Board authorize closure with a warning letter advising the owners that if dogs are found at the shop in the future, it will be grounds for disciplinary action.

 

I-COS-2010-93 and I-COS-2010-94C alleged R, an esthetician who owns the spa, is not sanitizing sponges properly.C informed the investigator that she has found sponges in the clean towels while folding towels and alleged that R is not using an appropriate sanitizing agent before the sponges are re-used.R informed the investigator that she takes the laundry home, including sponges, and that she disinfects the sponges with a hospital-grade disinfectant.Although licensees at Rís shop stated that they had seen sponges in the laundry, none of them were able to tell the investigator that they witnessed how R cleans the sponges from beginning to end.The investigation did not reveal any evidence to support the allegation; therefore, IBOL recommends that the Board authorize closure.

 

I-COS-2010-121 and I-COS-2010-122During an inspection of numerous contiguous shops within a primary, the investigator noticed that Rís personal license had been expired for approximately one month.R was not present, and the investigator did not observe R providing services to any customer, but the primary owner informed the investigator that R had been working recently.R renewed her license the following day.Based on the fact that the investigator did not observe R providing services, IBOL recommends that the Board authorize closure with a warning letter to R.

 

I-COS-2010-127, I-COS-2010-128, I-COS-2010-129, I-COS-2010-130, I-COS-2010-131, I-COS-2010-132, I-COS-2010-133While conducting inspections, the investigator discovered that the shop in which Rs were working was not licensed.There were a number of licensed RCs and NTs in the shop on that day; however, the investigator did not identify those that she observed providing services to customers.(A separate action is pending against the owner for operating an unlicensed shop.)IBOL recommends that the Board authorize closure with a warning letter to all licensed individuals at the shop.

 

I-COS-2010-144 and I-COS-2010-145C alleged R is allowing unlicensed practice in Rís shop.R informed the investigator that they have never heard of the individual C is claiming works in the shop.The investigator inspected Rís shop and did not find any unlicensed individuals working at the shop.C informed the investigator that a customer of Cís told C about the unlicensed practice.C stated that he had no other information about the alleged unlicensed practice.The investigation did not reveal any evidence to support the allegation; therefore, IBOL recommends that the Board authorize closure.

 

I-COS-2010-154During an inspection, the investigator discovered R, who is not licensed, performing nail services.(A separate action is pending against the shop owner for allowing unlicensed practice.)IBOL sent a letter to the only address available for R, and that letter was returned ďmoved left no addressĒ and ďunable to forward.ĒIBOL is unable to locate R; therefore, IBOL recommends that the Board authorize closure.

 

I-COS-2010-167C, an instructor at a school, alleged R, a former student, is practicing without a license.Investigation revealed that C had heard R was practicing after leaving the school without graduating.C was unable to provide any information as to where R was practicing.R informed the investigator that she does not work in the cosmetology field and has not provided any cosmetology services to anyone since leaving the school.The investigator did not observe R practicing, nor was the investigator able to obtain any statements from anyone who had witnessed R practicing; therefore, IBOL recommends that the Board authorize closure.

 

I-COS-2010-170 and I-COS-2010-171During a routine inspection, the investigator noted that the license of one of the employees had been expired for approximately three months.The employee was not working at the time of the inspection; however, the owner informed the investigator that the employee had been providing services since the license expired.The investigator spoke with the employee on the phone and the employee immediately renewed her license.Because the investigator did not observe the employee providing cosmetology services at the time of the inspection, IBOL recommends that the Board authorize closure with warning letters to both the employee and the shop owner.

 

I-COS-2010-225 and I-COS-2010-226During a routine inspection, the investigator discovered that the shopís license had been expired for approximately one month.(A separate action is pending against the shop owner for operating a shop with an expired license.)Although R is an employee of the shop, the investigator did not observe R providing services to a customer at the time of the inspection.†† Therefore, IBOL recommends that the Board authorize closure with a warning letter to R, reminding R that it is her responsibility to ensure that the establishment in which she is working has a current license.

 

I-COS-2010-233During an inspection, the investigator found that Rís shop displayed advertising that included a barber pole without a licensed barber employed at the shop.R removed the advertising after receiving a letter from IBOL; therefore, IBOL recommends that the Board authorize closure.

 

I-COS-2010-261 and I-COS-2010-262During an inspection, the investigator discovered a dog in the establishment while cosmetology services were being performed on the general public.The investigator informed R that non-service dogs were not allowed in establishments.Because this is the first offense, IBOL recommends that the Board authorize closure with a warning letter advising the owners that if dogs are found at the shop in the future, it will be grounds for disciplinary action.

 

I-COS-2011-8C alleged R, the owner of an NT shop, allowed unlicensed practice.Investigation did not reveal any evidence to support the allegation involving this unlicensed individual.However, investigation did reveal that R allowed another unlicensed individual to practice at the shop, and a formal action is pending against R on that case.†† IBOL recommends the Board authorize closure of this case.

 

I-COS-2011-9C alleged R, who does not have a personal license but owns an NT shop, practices without a license.Investigation did not reveal any evidence to support the allegation; therefore, IBOL recommends the Board authorize closure.

 

I-COS-2011-10C alleged R practiced nail technology without a license.Investigation did not reveal any evidence to support the allegation; therefore, IBOL recommends that the Board authorize closure.

 

I-COS-2011-20During a routine inspection, the investigator discovered that the owner did not have a personal license and did not lease space to anyone.R informed the investigator that she only worked on family members in the shop and no public customers.(R did not have an appointment book for the investigator to review.)R stated that she moved from a bordering state and was unaware that she needed a personal license in addition to her establishment license.Bureau records show that after the investigatorís visit, R did obtain a personal license.Because the investigator did not observe R providing any cosmetology services at the time of the inspection, IBOL recommends that the Board authorize closure with a warning letter to R regarding complying with the Boardís laws and rules.

 

I-COS-2011-56During an inspection, the investigator noted that R, a licensed cosmetologist, advertised using barber poles but did not employ or lease space to a licensed barber.At its last meeting, the Board of Barber Examiners issued R a barber-stylist license, and R is now in compliance with that Boardís laws regarding the use of barber poles.†† IBOL recommends that the Board authorize closure.

 

I-COS-2011-74 and I-COS-2011-75During an inspection on September 17, 2010, the investigator discovered that Respondentís license expired on June 26, 2010, and had not been renewed.(One case is pending against Respondent for practicing with an expired license, and one case is pending against the shop owner for allowing practice with an expired license.)Respondent subsequently renewed her license after the inspection on September 17, 2010.In response to a proposed settlement order, Respondent sent IBOL a letter stating that she made several attempts to renew her license online.Respondent stated that she was unable to come into the Bureau offices because her husband uses the familyís only vehicle during the day, and she lives close enough to work to walk.Respondent stated that because she and her husband do not have a checking account, she was unable to renew by sending in a check.Respondent stated that each time she attempted to renew her license online, she received the message, ďRecord not found Ė verify license/registration number and re-enter SSN/EIN again.ĒRespondent stated the first time she received the error message she called IBOL and was told to try again later.Respondent stated that she tried again the next day and received the same message, and when she called IBOL she was informed that it had to be her error. Respondent stated that during the inspection, she showed the investigator that the online system would not let her renew.(The investigator verified that the system would not allow her to renew.)Respondent stated that when she spoke with IBOL again, the individual told her that the last digit of her Social Security Number was wrong in the IBOL system and that the correction wasmade, she was able to renew.†† IBOL staff verified that she did speak with Respondent on September 17 and, while no notes were made of the conversation, it is very likely that Respondentís Social Security Number was in the system wrong and that is why Respondent was unable to renew online.IBOL recommends that the Board authorize closure with a warning letter to R informing R that it is her responsibility to ensure that her license is renewed in a timely manner.

 

I-COS-2011-81, I-COS-2011-82, I-COS-2011-83 and I-COS-2011-84During a routine inspection of the primary establishment, the investigator discovered that Rsí contiguous and personal licenses were expired.Rs were not working and the contiguous shops were not open at the time of the inspection; however, the primary owner informed the investigator that Rs had been providing services in the contiguous shops.Rs have since renewed their licenses.Because the investigator did not observe Rs providing cosmetology services in an expired establishment at the time of the inspection, IBOL recommends that the Board authorize closure with warning letters to Rs.

 

I-COS-2011-133 and I-COS-2011-134During an inspection, the investigator found that Rís shops displayed signs with a barber pole without a licensed barber employed at the shops.In response to a letter from IBOL, R stated that all signage displaying a barber pole has been removed.R stated that there was a barber employed at Rís shops, but R did not realize it was not acceptable to continue using a barber pole on advertising after the barber was no longer employed at the shops. Based upon Rís compliance, IBOL recommends that the Board authorize closure.

 

I-COS-2011-135During an inspection, the investigator found that Rís shop displayed a barber pole without a licensed barber employed at the shop.R informed the investigator that her late husband was a licensed barber and owned the shop for many years, and that she was not aware that she could not display a barber pole without having a licensed barber.In response to a letter from IBOL, R removed the barber pole.IBOL recommends that the Board authorize closure.

 

I-COS-2011-137C alleged R provided cosmetology services to residents in a nursing facility without being licensed.In response to a letter from IBOL, R stated that her husbandís great-aunt is a resident at the facility, and that R has curled her hair and painted her nails.R stated that she does her own acrylic nails at home as well as family membersí nails on occasion.There was no evidence that R practices or offers to practice cosmetology on the general public; therefore, IBOL recommends that the Board authorize closure.

 

I-COS-2011-143 and I-COS-2011-144†††† During a routine inspection, the investigator discovered that the shopís license had been expired for approximately three months.(A separate action is pending against the shop owner for operating a shop with an expired license.)Although R is an employee of the shop, the investigator did not observe R providing services to a customer at the time of the inspection.†† Therefore, IBOL recommends that the Board authorize closure with a warning letter to R, reminding R that it is her responsibility to ensure that the establishment in which she is working has a current license.

 

 

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