S 1285

                    LEGISLATURE OF THE STATE OF IDAHO
 Sixty-eighth Legislature  Second Regular Session - 2026
                                 IN THE SENATE
                       SENATE BILL NO. 1285, As Amended
                  BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1AN ACT
2  RELATING TO QUALIFICATIONS FOR OCCUPATIONAL AND PROFESSIONAL LICENSURE;
3      AMENDING CHAPTER 94, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
4      TION 67-9419, IDAHO CODE, TO PROVIDE FOR NONPUBLIC SCHOOL HIGH SCHOOL
5      DIPLOMA EQUIVALENCY RELATING TO OCCUPATIONAL LICENSING; AMENDING SEC-
6      TION 54-606, IDAHO CODE, TO PROVIDE FOR GRADUATION FROM A NONPUBLIC
7      SCHOOL AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1112,
8      IDAHO CODE, TO PROVIDE FOR GRADUATION FROM A NONPUBLIC SCHOOL AND TO
9      MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-1113, IDAHO CODE, TO
10     PROVIDE FOR GRADUATION FROM A NONPUBLIC SCHOOL AND TO MAKE TECHNICAL
11     CORRECTIONS; AMENDING SECTION 54-1606, IDAHO CODE, TO PROVIDE FOR GRAD-
12     UATION FROM A NONPUBLIC SCHOOL; AMENDING SECTION 54-2012, IDAHO CODE,
13     TO PROVIDE FOR GRADUATION FROM A NONPUBLIC SCHOOL AND TO MAKE TECHNI-
14     CAL CORRECTIONS; AMENDING SECTION 54-2409, IDAHO CODE, TO PROVIDE FOR
15     GRADUATION FROM A NONPUBLIC SCHOOL AND TO MAKE TECHNICAL CORRECTIONS;
16     AMENDING SECTION 54-2916, IDAHO CODE, TO PROVIDE FOR GRADUATION FROM A
17     NONPUBLIC SCHOOL; AMENDING SECTION 54-2916A, IDAHO CODE, TO PROVIDE FOR
18     GRADUATION FROM A NONPUBLIC SCHOOL; AMENDING SECTION 54-2916B, IDAHO
19     CODE, TO PROVIDE FOR GRADUATION FROM A NONPUBLIC SCHOOL; AMENDING SEC-
20     TION 54-3108, IDAHO CODE, TO PROVIDE FOR GRADUATION FROM A NONPUBLIC
21     SCHOOL AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-3109,
22     IDAHO CODE, TO PROVIDE FOR GRADUATION FROM A NONPUBLIC SCHOOL AND TO
23     MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-4009, IDAHO CODE, TO
24     PROVIDE FOR GRADUATION FROM A NONPUBLIC SCHOOL AND TO MAKE A TECHNI-
25     CAL CORRECTION; AMENDING SECTION 54-4307, IDAHO CODE, TO PROVIDE FOR
26     GRADUATION FROM A NONPUBLIC SCHOOL AND TO MAKE TECHNICAL CORRECTIONS;
27     AMENDING SECTION 54-5406, IDAHO CODE, TO PROVIDE FOR GRADUATION FROM A
28     NONPUBLIC SCHOOL; AMENDING SECTION 54-5802, IDAHO CODE, TO PROVIDE FOR
29     GRADUATION FROM A NONPUBLIC SCHOOL AND TO MAKE TECHNICAL CORRECTIONS;
30     AMENDING SECTION 54-5810, IDAHO CODE, TO PROVIDE FOR NONPUBLIC SCHOOL
31     EDUCATION; AND DECLARING AN EMERGENCY.
32 Be It Enacted by the Legislature of the State of Idaho:
33     SECTION 1. That Chapter 94, Title 67, Idaho Code, be, and the same is
34 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
35 ignated as Section 67-9419, Idaho Code, and to read as follows:
36      67-9419. NONPUBLIC SCHOOL HIGH SCHOOL DIPLOMA EQUIVALENCY. Notwith-
37 standing any provision of law to the contrary, in determining qualifications
38 for licensure, a licensing authority shall regard a person who is eighteen
39 (18) years of age or older and who has earned a high school diploma from a non-
40 public school as possessing the equivalent of:
41      (1) Graduation from an accredited high school;
42      (2) A high school diploma; or
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1      (3) A GED.
2      SECTION 2. That Section 54-606, Idaho Code, be, and the same is hereby
3  amended to read as follows:
454-606. STATE BOARD OF PODIATRY -- EXAMINATION FOR LICENSES. (1) Every
5  person, except as hereinafter provided, desiring to commence the practice
6  of podiatry within this state shall make written application to the state
7  board of podiatry upon on forms to be prescribed and furnished by the board
8  for a license so to do. Such applications shall be accompanied by a fee as
9  established by board rule not to exceed four hundred dollars ($400). Each
10 applicant shall be at least twenty-one (21) years of age, shall not have been
11 convicted, found guilty, or received a withheld judgment or a suspended sen-
12 tence in this state or in any other state of a crime that is deemed relevant
13 in accordance with section 67-9411(1), Idaho Code, shall have completed
14 an accredited podiatric residency as defined by board rule, and shall be a
15 graduate of some a reputable school of podiatry accredited by the board. A
16 reputable school of podiatry for the purposes herein shall mean a school of
17 podiatry requiring for graduation the graduation from an accredited high
18 school or a nonpublic school, credits granted for at least two (2) full years
19 of general college study in a college or university of recognized standing,
20 and four (4) full years of study in such school of podiatry or its equivalent.
21      (2) Each applicant shall take and pass a competency exam approved by
22 board rule. The examination shall test for entry-level competency to pro-
23 vide podiatric medical services.
24      (3) The examination fee shall not exceed the amount charged by the
25 board-approved exam provider. The applicant shall pay the examination fee
26 directly to the exam provider.
27     SECTION 3. That Section 54-1112, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29      54-1112. REQUIREMENTS FOR RESIDENT TRAINEE LICENSE. The board shall
30 issue to any person a resident trainee license to practice as a resident
31 trainee and perform services at a particular establishment under the per-
32 sonal supervision of a specified licensed mortician within the state of
33 Idaho who has complied with and fulfilled all of the following requirements:
34      (1) Has attained the age of eighteen (18) years of age, and is a resident
35 of the state of Idaho.
36      (2) Has not been convicted, found guilty, or received a withheld judg-
37 ment or a suspended sentence in this state or in any other state of a crime
38 that is deemed relevant in accordance with section 67-9411(1), Idaho Code.
39      (3) Has graduated from an accredited high school or a nonpublic school
40 or has received an equivalent education as determined by the standards set
41 and established by the state board of education.
42      (4) Has filed an application with the board as required by this chap-
43 ter and paid the required filing fee. Provided further, that the board shall
44 make the determination of qualifications of all applicants within a reason-
45 able time after the filing of an application with the board. Provided fur-
46 ther, no person shall be eligible to be licensed as a resident trainee for
47 a total cumulative period of more than three (3) years in the state of Idaho
                                      3
1  unless approved by the board for good cause. The three (3) year limitation
2  includes all time practicing as a resident trainee or apprentice for a morti-
3  cian license, funeral director license, or both.
4      SECTION 4. That Section 54-1113, Idaho Code, be, and the same is hereby
5  amended to read as follows:
654-1113. APPLICATION FOR LICENSE -- FORM AND CONTENTS -- CERTIFIED
7  COPIES OF DOCUMENTS SHOWING QUALIFICATIONS. All applications for all li-
8  censes to be issued under pursuant to the provisions of this act chapter
9  shall be filed with the board, together with the required filing fee, upon
10 such forms as prescribed by the board of morticians, and shall contain state-
11 ments of facts relating to each of the qualifications prescribed in this
12 act chapter for which the license is sought as well as any other informa-
13 tion specified by the board of morticians. The board may require, as part
14 of the application, certified copies of documents showing compliance with
15 the requirements for the license sought by the application, including but
16 not limited to certified copies of diplomas or graduation certificates from
17 high schools, colleges and embalming colleges, certified copies of birth
18 certificates, and certified copies of articles of incorporation. For the
19 purposes of this section, a document proving graduation from a nonpublic
20 school shall satisfy the requirement for a high school diploma or graduation
21 certificate. The application shall also list and describe the location of
22 court records of any felony of which the applicant has been convicted in a
23 court of law. All applications shall be signed by the applicant who shall
24 verify the contents thereof under oath. All applications shall remain with
25 the board and be a permanent record in that office.
26      Applications for the renewal of licenses shall be in such abbreviated
27 form as prescribed by the board and shall require any information specified
28 by the board of morticians.
29     SECTION 5. That Section 54-1606, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31      54-1606. QUALIFICATIONS FOR EXAMINATION FOR LICENSE. (1) The board
32 shall approve for the licensing examination any long-term care administra-
33 tor candidate who:
34      (a) Submits the required application and pays a fee as determined by the
35      board;
36      (b) Has not been convicted, found guilty, or received a withheld judg-
37      ment or a suspended sentence in this state or any other state of a crime
38      deemed relevant in accordance with section 67-9411(1), Idaho Code; and
39      (c) Meets the specific age, education, and experience requirements for
40      the type of care facility as outlined in subsections (2) and (3) of this
41      section.
42      (2)(a) For residential care facility administrators, the candidate
43      must:
44(i) Be at least twenty-one (21) years of age;
45(ii) Submit evidence of successfully completing specialized
46courses or a program of study in residential care facility admin-
47istration as approved by the board; and
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1(iii) Meet one (1) of the following combinations of education and
2experience:
31. A high school diploma or equivalent, including proof of
4graduation from a nonpublic school, and eight hundred (800)
5hours of on-site experience in a residential care facility
6under the supervision of a licensed administrator;
72. An associate degree from an accredited college or univer-
8sity and four hundred (400) hours of on-site experience in
9a residential care facility under the supervision of a li-
10censed administrator; or
113. A bachelor's degree from an accredited college or uni-
12versity and two hundred (200) hours of on-site experience in
13a residential care facility under the supervision of a li-
14censed administrator.
15     (b) Alternatively, a candidate who does not meet the education and
16     experience requirements may submit evidence of satisfactory practical
17     experience obtained in residential care facility administration or in a
18     medical or health care facility as approved by the board.
19     (3)(a) For nursing home administrators, the candidate must:
20(i) Be at least eighteen (18) years of age;
21(ii) Hold a baccalaureate degree from an accredited institution
22of higher learning or its equivalent; and
23(iii) Complete an administrator-in-training program as described
24in section 54-1612, Idaho Code.
25     (b) Alternatively, a candidate who does not meet the educational re-
26     quirements may submit evidence of obtaining two (2) years of satisfac-
27     tory practical experience in management in a nursing home for each year
28     of required post-high school education.
29     SECTION 6. That Section 54-2012, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31     54-2012. MINIMUM REQUIREMENTS FOR AN INDIVIDUAL PRIMARY IDAHO LI-
32 CENSE. (1) Requirements for all individual primary licenses. Unless a
33 qualification is waived or modified by the commission for good cause and
34 upon special consideration, and except as provided in section 54-2015, Idaho
35 Code, each person seeking a primary Idaho real estate license as a salesper-
36 son, associate broker, or designated broker shall meet all of the following
37 minimum qualifications:
38     (a) Be an individual;
39     (b) Be eighteen (18) years of age or older;
40     (c) Furnish satisfactory proof that the applicant graduated from an ac-
41     credited high school or its equivalent, including a nonpublic school,
42     or holds a certificate of general education;
43     (d) Not have had a real estate or other professional or occupational
44     license suspended or surrendered, or the renewal refused, for a disci-
45     plinary violation involving fraud, misrepresentation, or dishonest or
46     dishonorable dealing in Idaho or any other jurisdiction within five (5)
47     years immediately prior to the date the application for license is sub-
48     mitted to the commission;
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1  (e) Not have had a real estate or other professional or occupational li-
2  cense revoked for a disciplinary violation involving fraud, misrepre-
3  sentation, or dishonest or dishonorable dealing in Idaho or any other
4  jurisdiction; provided that, after a period of five (5) years from the
5  date the license was revoked, the applicant may make a written request
6  to the commission for an exemption review to determine the applicant's
7  suitability for licensure, which the commission shall determine in ac-
8  cordance with the following:
9(i) The exemption review shall consist of a review of any docu-
10ments relating to the disciplinary action that resulted in the li-
11cense revocation and any supplemental information provided by the
12applicant regarding his suitability for licensure. The commis-
13sion may, at its discretion, grant an interview of the applicant.
14(ii) During the review, the commission shall consider the follow-
15ing factors and evidence:
161. The severity or nature of the disciplinary violation for
17which the applicant's license was revoked;
182. The period of time that has passed since the disciplinary
19violation occurred;
203. The existence, number, and pattern of any other miscon-
21duct for which the applicant has been disciplined;
224. The circumstances surrounding the disciplinary viola-
23tion that would help the commission determine the risk of
24repetition;
255. The relationship of the disciplinary violation to the li-
26censed practice of real estate; and
276. The applicant's activities since the disciplinary vio-
28lation under review, such as employment, education, partic-
29ipation in treatment, payment of restitution, or any other
30factors that may be evidence of current rehabilitation.
31(iii) The applicant shall bear the burden of establishing his cur-
32rent suitability for licensure.
33 (f) Not have been convicted of or completed any sentence of confine-
34 ment for or on account of any misdemeanor involving fraud, misrepresen-
35 tation, or dishonest or dishonorable dealing in a state or federal court
36 within five (5) years immediately prior to the date the application for
37 license is submitted to the commission;
38 (g) Not have been convicted of any felony in a state or federal court
39 or convicted by military general court-martial; provided that, after a
40 period of five (5) years from the date the person was convicted or com-
41 pleted any term of probation, sentence or confinement, or period of pa-
42 role, whichever is later, the applicant may make written request to the
43 commission for an exemption review to determine the applicant's suit-
44 ability for licensure, which the commission shall determine in accor-
45 dance with the following:
46(i) The exemption review shall consist of a review of any docu-
47ments relating to the felony and any supplemental information pro-
48vided by the applicant regarding his suitability for licensure.
49The commission may, at its discretion, grant an interview of the
50applicant.
                                  6
1(ii) During the review, the commission shall consider the follow-
2ing factors or evidence:
31. The severity or nature of the felony;
42. The period of time that has passed since the felony under
5review;
63. The number or pattern of felonies or other similar inci-
7dents;
84. The circumstances surrounding the crime that would help
9determine the risk of repetition;
105. The relationship of the crime to the licensed practice of
11real estate; and
126. The applicant's activities since the crime under review,
13such as employment, education, participation in treatment,
14payment of restitution, or any other factors that may be evi-
15dence of current rehabilitation.
16(iii) The applicant shall bear the burden of establishing his cur-
17rent suitability for licensure.
18 (h) Complete all prelicense education requirements, as provided for in
19 section 54-2022, Idaho Code, for a salesperson's or broker's license;
20 (i) Pass the commission-approved real estate licensing exam for a sales
21 or broker license in the time and manner stated in section 54-2014,
22 Idaho Code, and pay the required exam fees;
23 (j) Be fingerprinted for the purpose of a national criminal history
24 check to determine whether the applicant is qualified for licensure
25 in accordance with section 67-9411A, Idaho Code. If the fingerprints
26 are returned to the commission as illegible, the applicant shall, upon
27 request from the commission, be fingerprinted again and file the new
28 fingerprints with the commission;
29 (k) Sign and file with the commission an irrevocable consent to ser-
30 vice, appointing the commission's executive director to act as the li-
31 censee's agent, upon on whom all judicial and other process or legal no-
32 tices directed to such licensee may be served, and consenting that any
33 lawful process against the licensee that is served upon on the executive
34 director shall be of the same legal force and validity as if served upon
35 on the licensee and that the authority shall continue in force as long
36 as any liability remains outstanding in this state. Upon receipt of any
37 such process or notice, the executive director shall immediately mail a
38 copy of the same by certified mail to the last known address of the li-
39 censee. All licensees shall provide the commission a full and current
40 mailing address and shall notify the commission in writing of any change
41 in mailing address within ten (10) business days of the change;
42 (l) If licensing as an active salesperson or associate broker, provide
43 the name and physical address of the main business location of the des-
44 ignated broker with whom the applicant will be licensed and the signa-
45 ture of that broker; or, if licensing as a designated broker, provide
46 the name and physical address of the main business location. No Idaho
47 sales associate may be licensed under or associated with more than one
48 (1) Idaho broker at a time;
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1      (m) Submit a properly completed application and all license, applica-
2      tion, and other fees listed in section 54-2020, Idaho Code, or as other-
3      wise required by statute or rule; and
4      (n) Provide satisfactory proof of meeting the mandatory errors and
5      omissions insurance requirement for real estate licensees as stated in
6      section 54-2013, Idaho Code.
7      (2) Additional requirements for broker and associate broker licenses.
8  Applicants seeking a primary Idaho license as a broker or associate broker
9  shall meet the additional following qualifications:
10     (a) Provide satisfactory evidence of having been actively engaged, on
11     a full-time basis, for two (2) years as a licensed real estate sales-
12     person within the last five (5) years immediately prior to the date
13     upon on which the individual makes application. Such evidence shall
14     demonstrate the productiveness of the licensed activity to have been
15     generally commensurate with that of other licensees practicing in a
16     similar capacity. Listings, sales, options, or other licensed activ-
17     ities may be considered by the commission in determining whether the
18     applicant meets this qualification.
19(i) A broker or associate broker applicant may be required to fur-
20nish a report of listings and sales accomplished by the applicant
21during two (2) or more years within the last five (5) years of li-
22censure immediately prior to the application date;
23(ii) This report shall be certified as correct by the broker or
24brokers with whom the applicant has been associated; provided,
25however, that upon preapproval by the commission, the applicant
26may verify that the report is correct in an alternative manner;
27(iii) The broker experience requirement may be modified or re-
28duced, in whole or in part, at the discretion of the commission,
29based on the applicant's educational background or experience in
30related or affiliated business activities;
31(iv) The commission, in its discretion, may make such additional
32investigation and inquiry relative to the applicant as it shall
33deem advisable;
34     (b) Designate a physical office location and a business name. The com-
35     mission may refuse to issue a license to any person if the business name
36     is the same as that of any person whose license has been suspended or re-
37     voked or is so similar as to be easily confused with another licensee's
38     name by members of the general public. However, nothing in this para-
39     graph shall restrict an individual from obtaining a license in his or
40     her own legal name.
41     (c) If currently licensed in Idaho as a salesperson and applying for
42     a license as an Idaho broker or associate broker, the individual shall
43     submit a new fingerprint card for processing in accordance with section
44     67-9411A, Idaho Code, and pay associated fees.
45     SECTION 7. That Section 54-2409, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47     54-2409. APPLICATION FORM -- LICENSE CATEGORIES -- QUALIFICATIONS
48 FOR REGISTRATION AND LICENSE. (1) The board shall approve an application
49 form for the use of applicants. Each applicant shall submit an original
                                      8
1  application to the board and provide information and documentation as the
2  board may require, including, but not limited to, information relating to
3  the education and experience of the applicant. The board shall accept for
4  review the complete application of any person whose application, accompa-
5  nied by the necessary documentation and fees, is submitted. The board shall
6  carefully evaluate each application, and shall approve the registration
7  and issuance of a license to any applicant who has not been convicted, found
8  guilty, or received a withheld judgment or suspended sentence in this state
9  or in any other state of a crime deemed relevant in accordance with section
10 67-9411(1), Idaho Code, and who has met the education, experience, and
11 examination requirements set forth in this chapter and the rules adopted
12 pursuant to the provisions of this chapter. If the board finds upon, on the
13 basis of evidence submitted, and in accordance with the provisions of this
14 chapter, that the applicant does not meet the requirements, the application
15 shall be denied and any fees submitted shall not be refunded.
16      (2) The board shall issue licenses in the following categories:
17      (a) Drinking water distribution operator and drinking water treatment
18      operator classes;
19      (b) Wastewater treatment operator, wastewater collection system oper-
20      ator, and wastewater laboratory analyst classes;
21      (c) Backflow assembly tester.
22      (3) Each applicant for licensure as a water system operator or wastewa-
23 ter system operator shall submit to the board a complete application with the
24 required fee and provide documentation of having met the following require-
25 ments prior to being considered for a license:
26      (a) Be a lawful resident of the United States;
27      (b) Possess a high school diploma, GED, or the equivalent, including
28      graduation from a nonpublic school;
29      (c) Document additional education as outlined by rule;
30      (d) Document such experience as is required by rule;
31      (e) Successful completion of and a passing grade on the required exami-
32      nation; and
33      (f) Other such requirements as may be determined by board rule.
34     SECTION 8. That Section 54-2916, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36     54-2916. QUALIFICATIONS FOR LICENSURE -- HEARING AID DEALER AND FIT-
37 TER. To be eligible for licensure as a hearing aid dealer and fitter, the ap-
38 plicant shall:
39     (1) Provide verification acceptable to the board of:
40     (a) Being at least twenty-one (21) years of age;
41     (b) Never having had a license revoked or otherwise sanctioned as part
42     of disciplinary action from this or any other state;
43     (c) Never having been convicted, found guilty, or received a withheld
44     judgment or suspended sentence in this state or in any other state of
45     a crime that is deemed relevant in accordance with section 67-9411(1),
46     Idaho Code; and
47     (d) Never having been found by the board to have engaged in conduct
48     prohibited by this chapter, provided however, the board may take into
                                      9
1consideration the rehabilitation of the applicant and other mitigating
2circumstances when considering applications for licensure;
3(2) Provide educational documentation satisfactory to the board that
4  the applicant has successfully graduated from a four (4) year course at an
5  accredited high school or the equivalent, including graduation from a non-
6  public school; and
7(3) Provide documentation that the applicant has successfully passed
8  an examination approved by the board.
9      SECTION 9. That Section 54-2916A, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11      54-2916A. QUALIFICATIONS FOR LICENSURE -- SIGN LANGUAGE INTER-
12 PRETER. To be eligible for licensure as a sign language interpreter, the
13 applicant shall:
14      (1) File a written application with the board on forms prescribed and
15 furnished by the board. A nonrefundable application fee shall accompany the
16 completed written application. Such fees shall be established by the admin-
17 istrative rules of the board and shall be in such amounts as are reasonable
18 and necessary for the proper execution and enforcement of this chapter;
19      (2) Provide verification acceptable to the board of the following:
20      (a) Never having had a license or certification revoked or otherwise
21      sanctioned as part of disciplinary action from this or any other state;
22      (b) Never having been convicted of, found guilty of, or received a
23      withheld judgment or a suspended sentence in this state or in any other
24      state for any crime that is deemed relevant in accordance with section
25      67-9411(1), Idaho Code; and
26      (c) Never having been found by the board to have engaged in conduct pro-
27      hibited by this chapter.
28 The board may take into consideration the rehabilitation of the applicant
29 and other mitigating circumstances when considering applications for licen-
30 sure.
31      (3) Provide evidence satisfactory to the board of having successfully
32 passed a nationally recognized competency examination approved by the board
33 or achieved certification defined by board rule;
34      (4) Provide educational documentation satisfactory to the board that
35 the applicant has successfully graduated from a four (4) year course at an
36 accredited high school, including graduation from a nonpublic school, or the
37 equivalent; and
38      (5) Provide documentation that the applicant has successfully passed
39 an examination approved by the board.
40     SECTION 10. That Section 54-2916B, Idaho Code, be, and the same is
41 hereby amended to read as follows:
42     54-2916B. QUALIFICATIONS FOR LICENSURE -- VIDEO REMOTE INTERPRET-
43 ING PROVIDER. To be eligible for licensure as a video remote interpreting
44 provider, the applicant shall:
45     (1) File a written application with the board on forms prescribed and
46 furnished by the board. A nonrefundable application fee shall accompany the
47 completed written application. Such fees shall be established by the admin-
                                      10
1  istrative rules of the board, subject to legislative approval, and shall be
2  in such amounts as are reasonable and necessary for the proper execution and
3  enforcement of this chapter;
4(2) Provide a roster of all employed sign language interpreters; and
5(3) Provide verification acceptable to the board that all employed sign
6  language interpreters meet the qualifications of a sign language inter-
7  preter in this state and have:
8(a) Successfully passed a nationally recognized competency examina-
9tion approved by the board or achieved certification as defined by board
10      rule;
11      (b) Successfully graduated from a four (4) year course at an accred-
12      ited high school, including graduation from a nonpublic school, or the
13      equivalent;
14      (c) Successfully passed an examination approved by the board;
15      (d) Never had a license or certification revoked or otherwise sanc-
16      tioned as part of disciplinary action from this or any other state;
17      (e) Never been convicted of, found guilty of, or received a with-
18      held judgment or a suspended sentence in this state or in any other
19      state for any crime that is deemed relevant in accordance with section
20      67-9411(1), Idaho Code;
21      (f) Never been found by the board to have engaged in conduct prohibited
22      by this chapter;
23      (g) Maintained required continuing education units under nationally
24      recognized certification or other certification recognized by the
25      board; and
26      (h) Knowledge of and compliance with the provisions of this chapter.
27     SECTION 11. That Section 54-3108, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29      54-3108. QUALIFICATIONS -- REQUIRED EXAMINATION -- RENEWAL OF CER-
30 TIFICATES. (1) Applicants for certification must take and pass the Idaho
31 certified shorthand reporter examination. Alternatively, applicants for
32 certification must provide proof, satisfactory to the board, of having
33 passed one (1) of the following examinations within the two (2) years prior
34 to the date of the application:
35      (a) The registered professional reporter (RPR) examination;
36      (b) The registered merit reporter (RMR) examination;
37      (c) The registered diplomate reporter (RDR) examination;
38      (d) The certified realtime reporter (CRR) examination; or
39      (e) The certified realtime captioner (CRC) examination.
40      (2) Any applicant who is a lawful resident of the United States, who
41 has not been convicted, found guilty, or received a withheld judgment or a
42 suspended sentence in this state or in any other state of a crime that is
43 deemed relevant in accordance with section 67-9411(1), Idaho Code, and who
44 has graduated from an accredited high school or from a nonpublic school or
45 has an equivalent education, shall be entitled to receive a certificate as
46 a certified shorthand reporter upon payment of the fees required by this
47 chapter. All applications shall be in such form as prescribed by the board
48 and filed with the board at least thirty (30) days prior to the announced date
49 of the reporter examination. The board, in its discretion, may make such
                                      11
1  additional investigation and inquiry, or require additional information
2  from the applicant, as it shall deem necessary in determining the qualifica-
3  tions of the applicant. The board shall thereupon notify the applicant as to
4  whether their such application to take the reporter examination is accepted.
5(3) All certified shorthand reporter certificates shall be issued for a
6  period of two (2) years and shall be renewable upon payment of a renewal fee.
7  The renewal and reinstatement of all certificates issued under pursuant to
8  the provisions of this chapter shall be in accordance with section 67-2614,
9  Idaho Code.
10     SECTION 12. That Section 54-3109, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12      54-3109. QUALIFICATIONS FOR TEMPORARY PERMIT -- RENEWAL. (1) A tempo-
13 rary certified shorthand reporter permit may be issued to an applicant who
14 pays the required fees and who:
15      (a) Has not been convicted, found guilty, or received a withheld judg-
16      ment or a suspended sentence in this state or in any other state of a
17      crime that is deemed relevant in accordance with section 67-9411(1),
18      Idaho Code; and
19      (b) Has graduated from an accredited high school or from a nonpublic
20      school or has an equivalent education; and
21(i) Is currently licensed in good standing in another state as
22a certified shorthand reporter, or its equivalent, or has other-
23wise demonstrated proficiency by a certificate from an agency of
24another state; or
25(ii) Has graduated from a national court reporters association
26(NCRA)-approved school.
27      (2) The application shall be upon such forms as are prescribed by the
28 board and the board may, in its discretion, make additional investigation
29 and inquiry, or require further information from the applicant, as it shall
30 deem necessary in order to make a determination of the qualifications of the
31 applicant.
32      (3) An individual shall only be issued only one (1) temporary certified
33 shorthand reporter permit. The permit shall be valid for a period of one (1)
34 year and may be renewed for a single additional period of one (1) year upon
35 the payment of required fees and upon a showing of just cause.
36     SECTION 13. That Section 54-4009, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38      54-4009. REQUIREMENTS FOR ISSUANCE OF LICENSE. Upon application to
39 the board and the payment of the required fees, an applicant may be licensed
40 as a massage therapist if the applicant meets all the requirements of this
41 chapter and provides documentation acceptable to the board that he or she the
42 applicant:
43      (1) Has obtained a high school diploma or equivalent, including gradua-
44 tion from a nonpublic school;
45      (2) Is eighteen (18) years of age or older;
                                     12
1      (3) Has not been convicted, found guilty, or received a withheld judg-
2  ment or a suspended sentence in this state or in any other state of a crime
3  that is deemed relevant in accordance with section 67-9411(1), Idaho Code;
4      (4) Has successfully completed a massage program registered pursuant
5  to chapter 24, title 33, Idaho Code, or a comparable authority in another
6  state that consists of the minimum of five hundred (500) in-class supervised
7  hours of coursework and clinic work; and
8      (5) Has successfully passed a nationally recognized competency exami-
9  nation in massage therapy that is approved by the board. The passage of this
10 exam may have occurred prior to the effective date of this chapter.
11     SECTION 14. That Section 54-4307, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13     54-4307. POLYSOMNOGRAPHY-RELATED RESPIRATORY CARE. (1) Only persons
14 who are licensed as respiratory care practitioners or who are exempt from
15 licensure pursuant to section 54-4312, Idaho Code, or who hold a permit is-
16 sued by the board under pursuant to the provisions of this chapter may pro-
17 vide polysomnography-related respiratory care services.
18     (2) An applicant for a permit to provide polysomnography-related res-
19 piratory care services must:
20     (a) Submit an application to the board on forms prescribed by the board
21     and pay the permit fee required under pursuant to this chapter;
22     (b) Not have been convicted of an offense or disciplined by a licensing
23     body in a manner that bears, in the judgment of the board, a demonstra-
24     ble relationship to the provision of polysomnography-related respira-
25     tory care services;
26     (c) Be a high school graduate, have graduated from a nonpublic school,
27     or have passed a general educational development (GED) examination and
28     earned a GED certificate; and
29     (d) Be currently certified in cardiopulmonary resuscitation.
30     (3) A polysomnographic technologist applicant must have successfully
31 completed the certification examination approved by the board.
32     (4) A polysomnographic technician applicant must have successfully
33 completed a polysomnography program of not less than one (1) year duration,
34 associated with a nationally accredited educational facility.
35     SECTION 15. That Section 54-5406, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37      54-5406. DRIVING INSTRUCTORS -- REQUIREMENTS. (1) Each person apply-
38 ing for a driving instructor license must complete an application provided
39 by the division of occupational and professional licenses that requires
40 the applicant to be at least twenty-one (21) years of age and have a high
41 school diploma or equivalent, including proof of graduation from a nonpub-
42 lic school, a valid driver's license and a satisfactory driving record from
43 the jurisdiction from which the license was issued, a satisfactory finger-
44 print-based criminal history check in accordance with section 67-9411A,
45 Idaho Code, a medical certificate, and any required completed coursework.
46 Licensees shall certify that they hold a current medical certificate at the
47 time of license renewal.
                                      13
1(2) Every new applicant for a license pursuant to this chapter shall
2  have completed a board-approved apprenticeship training program of no fewer
3  than thirty (30) hours of classroom instruction and fifty (50) hours of be-
4  hind-the-wheel training. The board may waive, as a whole or either part, the
5  apprenticeship for an applicant who holds a current, active and unrestricted
6  equivalent instructor license from another state or who has the requisite
7  training and experience as demonstrated in a manner established by board
8  rule. Such applicant shall submit supporting documentation with the com-
9  pleted application and shall meet all other requirements in this chapter and
10 in board rule.
11     SECTION 16. That Section 54-5802, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13      54-5802. DEFINITIONS. As used in this chapter:
14      (1) "Apprentice" means a person registered with the barber and cosme-
15 tology services licensing board to learn an occupation in a licensed estab-
16 lishment who, while so learning, performs or assists in performing any prac-
17 tices of barbering, barber-styling, cosmetology, or electrology.
18      (2) "Barber" means a person licensed to practice barbering as defined
19 in this section.
20      (3) "Barbering" means any one (1) or any combination of the following
21 practices when performed on the upper part of the human body for cosmetic
22 purposes and not for the treatment of disease or physical or mental ailments:
23      (a) Shaving the face or cutting, trimming, arranging, dressing, curl-
24      ing, cleansing, singeing or performing similar work on the hair;
25      (b) Fitting, cutting or dressing hairpieces or toupees;
26      (c) Giving facial and scalp massages or treatments with oils, creams,
27      lotions or other preparations, either by hand or by a mechanical appli-
28      ance; and
29      (d) Applying cosmetic preparations, antiseptics, powders, oils, clays
30      or lotions to the scalp, face, and neck.
31      (4) "Barber-styling" means any one (1) or any combination of the fol-
32 lowing practices when performed on the upper part of the human body for cos-
33 metic purposes and not for the treatment of disease or physical or mental
34 ailments:
35      (a) Shaving the face or cutting, trimming, arranging, dressing, curl-
36      ing, waving by any method, straightening, cleansing, singeing, bleach-
37      ing, coloring or performing similar work on the hair;
38      (b) Fitting, cutting or dressing hairpieces or toupees;
39      (c) Giving facial and scalp massages or treatments with oils, creams,
40      lotions or other preparations, either by hand or by a mechanical appli-
41      ance; and
42      (d) Applying cosmetic preparations, antiseptics, powders, oils, clays
43      or lotions to the scalp, face, and neck.
44      (5)    "Barber-stylist" means a person licensed to practice bar-
45 ber-styling as defined in this section.
46      (6) "Board" means the barber and cosmetology services licensing board
47 established by section 54-5806, Idaho Code.
48      (7) "Cosmetologist" means a person licensed to practice cosmetology as
49 defined in this section.
                                      14
1(8) "Cosmetology" means any one (1) or any combination of the following
2  practices when performed on the human body for cosmetic purposes and not for
3  the treatment of disease or physical or mental ailments:
4(a) Cutting, trimming, arranging, dressing, curling, waving by any
5method, cleansing, singeing, bleaching, coloring or performing similar
6work on the hair, except as provided for in subsection (25) (24) of this
7section; (23)
8(b) Fitting, cutting or dressing hairpieces or toupees;
9(c) Noninvasive care of the skin by application of cosmetic prepa-
10      rations, antiseptics, tonics, lotions, creams and essential oils
11      to cleanse, massage, exfoliate, hydrate and stimulate; makeup ap-
12      plication; pore extraction; use of chemical exfoliants approved for
13      professional esthetic use; particle exfoliation; use of any class I
14      medical device, as classified by the United States food and drug admin-
15      istration, designed for care of the skin, except that a class II medical
16      device designed for care of the skin may be used as directed and super-
17      vised by an authorized and licensed health care practitioner; temporary
18      removal of superfluous hair by lotions, creams, waxing, tweezing, de-
19      pilatories or other means; and tinting or perming the eyebrows and
20      eyelashes; and
21      (d) Manicuring and pedicuring nails and applying artificial nails.
22      (9) "Division" means the division of occupational and professional li-
23 censes.
24      (10) "Electrologist" means a person licensed to practice electrology,
25 as defined in this section, and skilled in the permanent removal of unwanted
26 hair.
27      (11) "Electrology" or "electrolysis" means the permanent removal of
28 hair by destroying the hair-producing cells of the skin and vascular system
29 through the use of equipment and devices approved by and registered with the
30 United States food and drug administration.
31      (12) "Establishment" means a place licensed under this chapter, other
32 than a licensed school, where barbering, barber-styling, cosmetology or
33 electrology is practiced.
34      (13) "Esthetician" means a person licensed to practice esthetics as de-
35 fined in this section.
36      (14) "Esthetics" means noninvasive care of the skin by application of
37 cosmetic preparations, antiseptics, tonics, lotions, creams and essential
38 oils to cleanse, massage, exfoliate, hydrate and stimulate; makeup applica-
39 tion; pore extraction; use of chemical exfoliants approved for professional
40 esthetic use; particle exfoliation; use of any class I medical device, as
41 classified by the United States food and drug administration, designed for
42 care of the skin, except that a class II medical device designed for care
43 of the skin may be used as directed and supervised by an authorized and li-
44 censed health care practitioner; temporary removal of superfluous hair by
45 lotions, creams, waxing, tweezing, depilatories or other means; and tinting
46 or perming the eyebrows and eyelashes.
47      (15) "Haircutting" means cutting, trimming, arranging, dressing, curl-
48 ing, cleansing, singeing or performing similar work on the hair and fitting,
49 cutting or dressing hairpieces or toupees.
                                      15
1(16) "Hairpieces or toupees" means a full or partial head covering that
2  is made from natural or synthetic hair that is affixed to a person's scalp,
3  hair, or head with an adhesive agent such as glue, tape, keratin bonds, fu-
4  sion bonds, or other bonding agent, and is worn during activities such as
5  sleep, exercise, and bathing.
6(17) "High school student" means a person who has completed the first
7  two (2) years of high school and is enrolled in a high school or secondary
8  school licensed under this chapter or who attends an Idaho nonpublic high
9  school.
10      (18) "Instructor" means a person licensed under this chapter to prac-
11 tice and teach any practice defined in this section.
12      (19) "Instructor trainee" means a barber, barber-stylist or cosmetol-
13 ogist attending a licensed school to receive training to teach barbering,
14 barber-styling or cosmetology.
15      (20) "Licensed school" means a secondary or postsecondary barber, cos-
16 metology, or electrology school that:
17      (a) Is licensed under its official name by the barber and cosmetology
18      services licensing board; and
19      (b) Admits as students only those individuals who meet the requirements
20      of section 54-5810(1)(b), Idaho Code.
21      (22) (21) "Makeup artistry" means noninvasive care of the skin by appli-
22 cation of cosmetic preparations for cleansing and the application of makeup,
23 which includes the application of cosmetics or any pigment product that is
24 used to cover, camouflage or decorate the skin.
25      (23) (22) "Nail technician" means a person licensed to practice nail
26 technology as defined in this section.
27      (24) (23) "Nail technology" means any one (1) or more of the following
28 practices when performed on the human body:
29      (a) Manicuring and pedicuring nails;
30      (b) Applying artificial nails; and
31      (c) Massaging the hands and feet.
32      (25) (24) "Natural hair braiding" means the service of twisting, wrap-
33 ping, weaving, extending, locking, or braiding hair by hand or with a mechan-
34 ical device.
35      (a) "Natural hair braiding" includes:
36(i) The use of natural or synthetic hair extensions, natural or
37synthetic hair and fibers, and decorative beads and other hair ac-
38cessories;
39(ii) Minor trimming of natural hair or hair extensions incidental
40to twisting, wrapping, weaving, extending, locking, or braiding
41hair;
42(iii) The making of wigs from natural hair, natural fibers, syn-
43thetic fibers, and hair extensions; and
44(iv) The use of topical agents, such as conditioners, gels,
45moisturizers, oils, pomades, and shampoos, in conjunction with
46performing services under subparagraphs (i) or (ii) of this para-
47graph.
48      (b) "Natural hair braiding" does not include:
                                      16
1(i) The application of dyes, reactive chemicals, or other prepa-
2rations to alter the color of the hair or to straighten, curl, or
3alter the structure of the hair; or
4(ii) The use of chemical hair joining agents, such as synthetic
5tape, keratin bonds, or fusion bonds.
6(26) (25) "Retail cosmetics dealer" means a stationary business offer-
7  ing cosmetic products for sale at retail to the general public in which the
8  business's employees apply cosmetic products to customers' faces in connec-
9  tion with the sale or attempted sale of the products without compensation
10 from the customer other than the regular price of the products.
11      (28) (26) "Student" means a person learning barbering, barber-styling,
12 cosmetology or electrology at a licensed school who, while so learning, per-
13 forms or assists in performing any practices of barbering, barber-styling,
14 cosmetology or electrology.
15      (29) (27) "Wig" means a removable head covering that is made from nat-
16 ural hair, natural fibers that resemble hair, or synthetic fibers that re-
17 semble hair. A wig is not affixed to a person's scalp or hair using an adhe-
18 sive agent such as glue, tape, keratin bonds, fusion bonds, or other bonding
19 agent.
20     SECTION 17. That Section 54-5810, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22      54-5810. QUALIFICATIONS FOR LICENSURE -- INSTRUCTORS -- APPRENTICES
23 -- STUDENTS. (1) To qualify for licensure under this chapter, an applicant
24 for licensure must:
25      (a) Be at least sixteen and one-half (16 1/2) years of age at the time of
26      application;
27      (b) Have completed at least two (2) years of high school or have at-
28      tained an equivalent education as determined by the board, which shall
29      include an equivalent amount of education in a nonpublic school;
30      (c) Pass an examination for the occupation in which the applicant is
31      seeking licensure, which examination shall be conducted or approved by
32      the board; and
33      (d) Prove to the satisfaction of the board that the applicant has not
34      engaged in conduct that would constitute grounds for discipline under
35      section 54-5823, Idaho Code.
36      (2) Except as otherwise provided, and in addition to the requirements
37 listed in subsection (1) of this section, an applicant for licensure:
38      (a) As a barber, must have:
39(i) Completed and graduated from a course of instruction of at
40least nine hundred (900) hours in a barber school approved by the
41board; or
42(ii) Completed at least one thousand eight hundred (1,800) hours
43as an apprentice in an apprenticeship that covered all aspects of
44the practice of barbering;
45      (b) As a barber-stylist, must have:
46(i) Completed and graduated from a course of instruction of at
47least one thousand five hundred (1,500) hours in a barber school
48approved by the board; or
                                      17
1(ii) Completed at least three thousand (3,000) hours as an appren-
2tice in an apprenticeship that covered all aspects of the practice
3of barber-styling;
4      (c) As a cosmetologist, must have:
5(i) Completed and graduated from a course of instruction of at
6least one thousand six hundred (1,600) hours in a cosmetology
7school approved by the board; or
8(ii) Completed at least three thousand two hundred (3,200) hours
9as an apprentice in an apprenticeship that covered all aspects of
10the practice of cosmetology;
11     (d) As an electrologist, must have:
12(i) Completed and graduated from a course of instruction of at
13least six hundred (600) hours in a school approved by the board; or
14(ii) Completed at least one thousand two hundred (1,200) hours as
15an apprentice in a cosmetology establishment under the direct per-
16sonal supervision of a licensed electrologist instructor;
17     (e) As an esthetician, must have:
18(i) Completed and graduated from a course of instruction of at
19least six hundred (600) hours in a school approved by the board; or
20(ii) Completed at least one thousand two hundred (1,200) hours
21as an apprentice in a cosmetology establishment under the direct
22personal supervision of a licensed cosmetology instructor. Such
23establishment must have at least one (1) licensed esthetician
24on-site in accordance with board rules; and
25     (f) As a nail technician, must have:
26(i) Completed and graduated from a course of instruction of at
27least four hundred (400) hours in a school approved by the board;
28or
29(ii) Completed at least eight hundred (800) hours as an apprentice
30in a cosmetology establishment under the direct personal super-
31vision of a licensed cosmetology instructor. Such establishment
32shall have at least one (1) licensed nail technician on-site in ac-
33cordance with board rules.
34     (3) To qualify as an instructor of barbering, barber-styling, cosme-
35 tology, electrology, esthetics, or nail technology, an applicant must:
36     (a) Hold a current license in the profession or closely related profes-
37     sion, as determined by the board, for which the applicant seeks to in-
38     struct;
39     (b) Have worked for at least five (5) of the last seven (7) years as a li-
40     censed barber, barber-stylist, cosmetologist, electrologist, estheti-
41     cian, or nail technician, or have satisfactorily completed:
42(i) A minimum six (6) month teacher's course of instruction in one
43(1) of the specialties described in this subsection; or
44(ii) A minimum three (3) month teacher's course of instruction in
45a school of one (1) of the specialties described in this subsec-
46tion, if the applicant has at least two (2) years of experience as
47a licensee in one (1) of the specialties described in this subsec-
48tion; and
                                      18
1(c) Have completed twelve (12) college credit hours or equivalent edu-
2cation, as determined by the board, or pass an examination approved by
3the board.
4(4) To be qualified to hold an apprenticeship for purposes of this chap-
5  ter, a person must:
6(a) Meet the qualifications set forth in paragraphs (a), (b), and (d) of
7subsection (1) of this section; and
8(b) Be registered as an apprentice with the board.
9(5) To be considered a student for purposes of this chapter, a person
10 must:
11      (a) Meet the qualifications set forth in paragraph (b) of subsection
12      (1) of this section; and
13      (b) Be registered as a student in a licensed barber school or cosmetol-
14      ogy school.
15      (6) A high school student enrolled in a licensed school or who attends
16 high school at an Idaho nonpublic school may be under sixteen and one-half
17 (16 1/2) years of age while accruing the course of instruction hours required
18 for licensure.
19     SECTION 18. An emergency existing therefor, which emergency is hereby
20 declared to exist, this act shall be in full force and effect on and after its
21 passage and approval.