Senate File 387 - Introduced
SENATE FILE 387
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO SSB 1108)
A BILL FOR
1 An Act relating to the practice of barbering and cosmetology
2 arts and sciences and providing transition provisions.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 10A.104, subsection 14, Code 2023, is
2 amended to read as follows:
3 14. Administer inspections of cosmetology salons
4 establishments under section 157.7 and barbershops under
5 section 158.6 chapter 157.
6 Sec. 2. Section 147.13, subsection 11, Code 2023, is amended
7 to read as follows:
8 11. For cosmetology arts and sciences, the board of
9 barbering and cosmetology arts and sciences.
10 Sec. 3. Section 147.13, subsection 12, Code 2023, is amended
11 by striking the subsection.
12 Sec. 4. Section 147.14, subsection 1, paragraphs a and n,
13 Code 2023, are amended by striking the paragraphs.
14 Sec. 5. Section 147.14, subsection 1, Code 2023, is amended
15 by adding the following new paragraph:
16 NEW PARAGRAPH. x. For barbering and cosmetology arts and
17 sciences, three members who are licensed cosmetologists, at
18 least one of whom is also a licensed instructor of cosmetology
19 arts and sciences; two members who are licensed to practice
20 barbering and hairstyling; one member who is a licensed
21 electrologist, esthetician, or nail technologist; one member
22 who owns a school of cosmetology arts and sciences; and
23 two members who are not licensed to practice barbering and
24 hairstyling or licensed in the practice of cosmetology arts and
25 sciences and who shall represent the general public.
26 Sec. 6. Section 147.76, Code 2023, is amended to read as
27 follows:
28 147.76 Rules.
29 The boards for the various professions shall adopt all
30 necessary and proper rules to administer and interpret this
31 chapter and chapters 148 through 158 157, except chapter 148D.
32 Sec. 7. Section 157.1, Code 2023, is amended by adding the
33 following new subsections:
34 NEW SUBSECTION. 01. “Barber and hairstylist” means a
35 person who performs the practice of barbering and hairstyling,
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1 or otherwise by the person’s occupation claims to have
2 knowledge or skill particular to the practice of barbering and
3 hairstyling.
4 NEW SUBSECTION. 001. “Barbering” means the practices listed
5 in this subsection performed with or without compensation.
6 “Barbering” includes but is not limited to the following
7 practices performed upon the upper part of the human body of
8 any person for cosmetic purposes and not for the treatment of
9 disease or physical or mental ailments:
10 a. Shaving or trimming for hair removal by the use of a
11 straight edge razor.
12 b. Giving facial and scalp massages or treatments with oils,
13 creams, lotions, or other preparations either by hand, or by
14 electrical or mechanical appliances.
15 c. Singeing, shampooing, hair body processing, curling,
16 blow waving, hair relaxing, bleaching or coloring the hair, or
17 applying hair tonics.
18 d. Applying cosmetic preparations, antiseptics, powders,
19 oils, clays, waxes, or lotions to the scalp, face, or neck.
20 e. Styling, cutting, or shampooing hairpieces or wigs when
21 done in conjunction with haircutting or hairstyling.
22 NEW SUBSECTION. 10A. “Establishment” means a fixed place
23 or a place that is readily movable where one or more persons
24 engage in the practice of cosmetology arts and sciences,
25 including but not limited to a retail establishment.
26 NEW SUBSECTION. 14A. “Hairstyling” means curling, waving,
27 press and curl hair straightening, shampooing, cutting,
28 singeing, bleaching, coloring, or similar works, upon the hair
29 on the head of any person, or upon a wig or hairpiece when done
30 in conjunction with haircutting or styling by any means.
31 Sec. 8. Section 157.1, subsection 1, Code 2023, is amended
32 to read as follows:
33 1. “Board” means the board of barbering and cosmetology arts
34 and sciences.
35 Sec. 9. Section 157.1, subsection 5, paragraph a, Code 2023,
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1 is amended to read as follows:
2 a. Arranging, braiding, dressing, Hairstyling, including
3 curling, waving, press and curl hair straightening, shampooing,
4 cutting, singeing, bleaching, coloring, or similar works, upon
5 the hair of any person, or upon a wig or hairpiece when done in
6 conjunction with haircutting or hairstyling by any means.
7 Sec. 10. Section 157.1, subsection 5, Code 2023, is amended
8 by adding the following new paragraph:
9 NEW PARAGRAPH. f. Barbering.
10 Sec. 11. Section 157.1, subsection 6, paragraph e, Code
11 2023, is amended to read as follows:
12 e. Manicuring and pedicuring Hairstyling.
13 Sec. 12. Section 157.1, subsection 26, Code 2023, is amended
14 by striking the subsection.
15 Sec. 13. Section 157.1, subsection 27, Code 2023, is amended
16 by striking the subsection and inserting in lieu thereof the
17 following:
18 27. “School of barbering and cosmetology arts and sciences”
19 means an establishment operated for the purpose of teaching
20 cosmetology arts and sciences.
21 Sec. 14. Section 157.2, subsection 1, paragraphs b and h,
22 Code 2023, are amended by striking the paragraphs.
23 Sec. 15. Section 157.2, subsection 2, Code 2023, is amended
24 to read as follows:
25 2. Cosmetologists shall not represent themselves to the
26 public as electrologists, estheticians, or nail technologists
27 unless the cosmetologist has completed the additional course of
28 study for the respective practice as prescribed by the board
29 pursuant to section 157.10.
30 Sec. 16. Section 157.3, subsection 1, paragraph a, Code
31 2023, is amended to read as follows:
32 a. Presents to the department a diploma, or similar
33 evidence, issued by a licensed school of barbering and
34 cosmetology arts and sciences indicating that the applicant
35 has completed the course of study for the appropriate practice
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1 of the cosmetology arts and sciences prescribed by the board.
2 An applicant may satisfy this requirement upon presenting a
3 diploma or similar evidence issued by a school in another
4 state, recognized by the board, which provides instruction
5 regarding the practice for which licensure is sought, provided
6 that the course of study is equivalent to or greater in length
7 and scope than that required for a school in this state, and is
8 approved by the board.
9 Sec. 17. Section 157.3, Code 2023, is amended by adding the
10 following new subsection:
11 NEW SUBSECTION. 3. The board shall adopt rules for the
12 licensure of persons who perform the practice of barbering
13 and hairstyling. A barber and hairstylist licensed pursuant
14 to this subsection shall not practice any cosmetology art or
15 science other than barbering and hairstyling. Nothing in
16 this subsection shall restrict the practice of barbering or
17 hairstyling by a cosmetologist.
18 Sec. 18. Section 157.3A, Code 2023, is amended by adding the
19 following new subsection:
20 NEW SUBSECTION. 6. Shaving or trimming for hair removal by
21 the use of a straight edge razor shall only be performed by the
22 following persons:
23 a. A licensed barber and hairstylist.
24 b. A cosmetologist trained and certified in the use of a
25 straight edge razor in compliance with applicable rules of
26 the board. The board shall not require a cosmetologist to
27 complete more than forty clock hours of training to receive a
28 certification under this paragraph.
29 Sec. 19. Section 157.4, subsection 3, paragraph a, Code
30 2023, is amended to read as follows:
31 a. The permit shall be issued for a specific event and may
32 be issued to a salon an establishment, school of barbering and
33 cosmetology arts and sciences, or person.
34 Sec. 20. Section 157.6, Code 2023, is amended to read as
35 follows:
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1 157.6 Sanitary rules —— practice in the home.
2 The department shall prescribe sanitary rules for salons
3 establishments and schools of cosmetology arts and sciences
4 which shall include the sanitary conditions necessary for
5 the practice of cosmetology arts and sciences and for the
6 prevention of infectious and contagious diseases. Subject
7 to local zoning ordinances, a salon an establishment may be
8 established in a residence if a room other than the living
9 quarters is equipped for that purpose. The department shall
10 enforce this section and make necessary inspections for
11 enforcement purposes.
12 Sec. 21. Section 157.7, subsection 1, Code 2023, is amended
13 to read as follows:
14 1. The department of inspections and appeals shall
15 employ personnel pursuant to chapter 8A, subchapter IV, to
16 perform duties related to inspection functions under this
17 chapter. The department of inspections and appeals shall, when
18 possible, integrate inspection efforts under this chapter with
19 inspections conducted under chapter 158.
20 Sec. 22. Section 157.8, subsection 1, Code 2023, is amended
21 to read as follows:
22 1. It is unlawful for a school of barbering and cosmetology
23 arts and sciences to operate unless the owner has obtained
24 a license issued by the department. The owner shall file a
25 verified application with the department on forms prescribed
26 by the board.
27 Sec. 23. Section 157.8, subsection 2, paragraph c, Code
28 2023, is amended by striking the paragraph.
29 Sec. 24. Section 157.8, subsection 2, paragraph d, Code
30 2023, is amended to read as follows:
31 d. The school of barbering and cosmetology arts and sciences
32 must pass a sanitary inspection under section 157.6. An annual
33 inspection of each school of barbering and cosmetology arts and
34 sciences, including the educational activities of each school,
35 shall be conducted and completed by the board or its designee
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1 prior to renewal of the license.
2 Sec. 25. NEW SECTION. 157.8A Use of schools of barbering
3 and cosmetology arts and sciences.
4 A school of barbering and cosmetology arts and sciences may
5 be used for purposes other than student instruction during
6 scheduled instruction time and work experience time so long as
7 the other activities do not disrupt classes. The board shall
8 adopt rules for the implementation of this section.
9 Sec. 26. Section 157.9, Code 2023, is amended to read as
10 follows:
11 157.9 License suspension and revocation.
12 Any license issued by the department under the provisions
13 of this chapter may be suspended, revoked, or renewal denied
14 by the board for violation of any provision of this chapter
15 or chapter 158 or rules promulgated by the board under the
16 provisions of chapter 17A.
17 Sec. 27. Section 157.10, subsections 1 and 3, Code 2023, are
18 amended to read as follows:
19 1. a. The course of study required for licensure for the
20 practice of cosmetology shall be two thousand one hundred clock
21 hours, or seventy semester credit hours or the equivalent
22 thereof as determined pursuant to administrative rule and
23 regulations promulgated by the United States department of
24 education. The clock hours, and equivalent number of semester
25 credit hours or the equivalent thereof as determined pursuant
26 to administrative rule and regulations promulgated by the
27 United States department of education, of a course of study
28 required for licensure for the practices of electrology,
29 esthetics, and nail technology, manicuring, and pedicuring
30 shall be established by the board. The board shall adopt rules
31 to define the course and content of study for each practice of
32 cosmetology arts and sciences.
33 b. The course of study required for licensure which is
34 limited to the practice of esthetics shall be six hundred
35 hours.
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1 c. The course of study required for licensure which is
2 limited to the practice of nail technology shall be three
3 hundred twenty-five hours.
4 3. A barber licensed under chapter 158 or a student in
5 a barber school who applies for licensure in a practice of
6 cosmetology arts and sciences or who enrolls in a school of
7 barbering and cosmetology arts and sciences shall be granted,
8 at the discretion of the school, at least half credit and
9 up to full credit for each course successfully completed for
10 licensure as a barber in the practice of barbering which meets
11 the requirements for licensure in a the practice of barbering
12 and hairstyling or the practice of cosmetology arts and
13 sciences.
14 Sec. 28. NEW SECTION. 157.10A Course of study —— barbering
15 and hairstyling.
16 The course of study required for a license to practice
17 barbering and hairstyling shall be one thousand five hundred
18 hours or an equivalent number of semester credit hours or the
19 equivalent thereof. Nothing in this section shall restrict the
20 practice of barbering or hairstyling by a cosmetologist.
21 Sec. 29. Section 157.11, Code 2023, is amended to read as
22 follows:
23 157.11 Salon Establishment licenses.
24 1. A salon An establishment shall not operate unless the
25 owner has obtained a license issued by the department. The
26 owner shall apply to the department on forms prescribed by the
27 board. The department may perform a sanitary inspection of
28 each salon establishment biennially and may perform a sanitary
29 inspection of a salon an establishment prior to the issuance of
30 a license. An inspection of a salon an establishment may also
31 be conducted upon receipt of a complaint by the department.
32 2. The application shall be accompanied by the biennial
33 license fee determined pursuant to section 147.80. The license
34 is valid for two years and may be renewed.
35 3. A licensed school of cosmetology arts and sciences at
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1 which students practice cosmetology arts and sciences is exempt
2 from licensing as a salon an establishment.
3 Sec. 30. Section 157.13, subsection 1, unnumbered paragraph
4 1, Code 2023, is amended to read as follows:
5 It is unlawful for a person to employ an individual to
6 practice cosmetology arts and sciences unless that individual
7 is licensed or has obtained a temporary permit under this
8 chapter. It is unlawful for a licensee to practice with
9 or without compensation in any place other than a licensed
10 salon establishment, or a licensed school of barbering and
11 cosmetology arts and sciences, or a licensed barbershop as
12 defined in section 158.1. The following exceptions to this
13 subsection shall apply:
14 Sec. 31. Section 157.13, subsection 1, paragraph a, Code
15 2023, is amended to read as follows:
16 a. A licensee may practice at a location which is not
17 a licensed salon establishment, school of barbering and
18 cosmetology arts and sciences, or licensed barbershop under
19 extenuating circumstances arising from physical or mental
20 disability or death of a customer.
21 Sec. 32. Section 157.13, subsection 3, Code 2023, is amended
22 to read as follows:
23 3. If the owner or manager of a salon an establishment does
24 not comply with the sanitary rules adopted under section 157.6
25 or fails to maintain the salon establishment as prescribed by
26 rules of the department, the department may notify the owner
27 or manager in writing of the failure to comply. If the rules
28 are not complied with within five days after receipt of the
29 written notice by the owner or manager, the department shall in
30 writing order the salon establishment closed until the rules
31 are complied with. It is unlawful for a person to practice
32 in a salon an establishment which has been closed under this
33 section. The county attorney in each county shall assist the
34 department in enforcing this section.
35 Sec. 33. Section 261.9, subsection 3, paragraph b, Code
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