House File 652 - Enrolled
House File 652
AN ACT
RELATING TO THE PRACTICE OF BARBERING AND COSMETOLOGY ARTS AND
SCIENCES AND PROVIDING TRANSITION PROVISIONS.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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
17 and sciences, three members who are licensed barbers or
18 cosmetologists; one member who is a licensed instructor of
19 barbering and cosmetology arts and sciences; one member who is
20 a licensed electrologist, esthetician, or nail technologist;
21 one member who owns a school of barbering and cosmetology
22 arts and sciences; and one member who is not licensed in the
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23 practice of barbering and cosmetology arts and sciences and who
24 shall represent the general public.
25 Sec. 6. Section 147.76, Code 2023, is amended to read as
26 follows:
27 147.76 Rules.
28 The boards for the various professions shall adopt all
29 necessary and proper rules to administer and interpret this
30 chapter and chapters 148 through 158 157, except chapter 148D.
31 Sec. 7. Section 157.1, Code 2023, is amended by adding the
32 following new subsections:
33 NEW SUBSECTION. 001. “Barbering and cosmetology” means all
34 of the following practices performed for cosmetic purposes
35 and not for the treatment of disease of physical or mental
1 ailments:
2 a. Curling, waving, press and curl hair straightening,
3 shampooing, cutting, singeing, bleaching, coloring, hair body
4 processing, blow waving, hair relaxing, applying hair tonics,
5 or similar works, upon the hair or beard of any person, or upon
6 a wig or hairpiece when done in conjunction with haircutting or
7 hairstyling by any means.
8 b. Massaging, cleansing, stimulating, exercising, or
9 beautifying the superficial epidermis of the scalp, face, neck,
10 arms, hands, legs, feet, or upper body of any person with the
11 hands or mechanical or electrical apparatus or appliances or
12 with the use of cosmetic preparations, including cleansers,
13 toners, moisturizers, masques, antiseptics, powders, oils,
14 clays, waxes, or lotions.
15 c. Removing superfluous hair from the face or body of a
16 person with the use of depilatories, wax, sugars, or tweezing.
17 d. Applying makeup or eyelashes, tinting of lashes or brows,
18 or lightening of hair on the face or body.
19 e. Cleansing, shaping, or polishing the fingernails,
20 applying sculptured nails, nail extensions, wraps, overlays,
21 nail art, or any other nail technique to the fingernails or
22 toenails of a person.
23 f. Shaving or trimming for hair removal by the use of a
24 straight edge razor.
25 NEW SUBSECTION. 0001. “Barbering and cosmetology arts
26 and sciences” means any or all of the following disciplines
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27 performed with or without compensation by a licensee:
28 a. Barbering and cosmetology.
29 b. Electrology.
30 c. Esthetics.
31 d. Nail technology.
32 NEW SUBSECTION. 10A. “Establishment” means a fixed location
33 or a location that is readily movable where one or more persons
34 engage in the practice of barbering and cosmetology arts and
35 sciences, including but not limited to a retail establishment.
1 Sec. 8. Section 157.1, subsections 1, 4, and 15, Code 2023,
2 are amended to read as follows:
3 1. “Board” means the board of barbering and cosmetology arts
4 and sciences.
5 4. “Cosmetologist” or “barber” means a person who performs
6 the practice of cosmetology, barbering and cosmetology arts and
7 sciences or otherwise by the person’s occupation claims to have
8 knowledge or skill particular to the practice of cosmetology
9 barbering and cosmetology arts and sciences. Cosmetologists
10 and barbers shall not represent themselves to the public as
11 being primarily in the practice of haircutting unless that
12 function is, in fact, their primary specialty.
13 15. “Instructor” means a person licensed for the purpose of
14 teaching barbering and cosmetology arts and sciences.
15 Sec. 9. Section 157.1, subsections 5 and 6, Code 2023, are
16 amended by striking the subsections.
17 Sec. 10. Section 157.1, subsection 26, Code 2023, is amended
18 by striking the subsection.
19 Sec. 11. Section 157.1, subsection 27, Code 2023, is amended
20 by striking the subsection and inserting in lieu thereof the
21 following:
22 27. “School of barbering and cosmetology arts and sciences”
23 means an establishment operated for the purpose of teaching
24 barbering and cosmetology arts and sciences.
25 Sec. 12. Section 157.2, subsection 1, unnumbered paragraph
26 1, Code 2023, is amended to read as follows:
27 It is unlawful for a person to practice barbering and
28 cosmetology arts and sciences with or without compensation
29 unless the person possesses a license issued under section
30 157.3. However, practices listed in section 157.1 when
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31 performed by the following persons are not defined as the
32 practice of barbering and cosmetology arts and sciences:
33 Sec. 13. Section 157.2, subsection 1, paragraphs b and h,
34 Code 2023, are amended by striking the paragraphs.
35 Sec. 14. Section 157.2, subsection 1, paragraphs c and e,
1 Code 2023, are amended to read as follows:
2 c. Students enrolled in licensed schools of barbering
3 and cosmetology arts and sciences or barber schools who are
4 practicing under the instruction or immediate supervision of
5 an instructor.
6 e. Employees of hospitals, health care facilities, orphans’
7 homes, juvenile homes, and other similar facilities who perform
8 barbering and cosmetology services for any resident without
9 receiving direct compensation from the person receiving the
10 service.
11 Sec. 15. Section 157.2, subsection 2, Code 2023, is amended
12 to read as follows:
13 2. Cosmetologists and barbers shall not represent
14 themselves to the public as electrologists, estheticians, or
15 nail technologists unless the cosmetologist or barber has
16 completed the additional course of study for the respective
17 practice as prescribed by the board pursuant to section 157.10.
18 Sec. 16. Section 157.2, subsection 3, Code 2023, is amended
19 by striking the subsection.
20 Sec. 17. Section 157.3, subsection 1, unnumbered paragraph
21 1, Code 2023, is amended to read as follows:
22 An applicant who has graduated from high school or its
23 equivalent shall be issued a license to practice any of the
24 barbering and cosmetology arts and sciences by the department
25 when the applicant satisfies all of the following:
26 Sec. 18. Section 157.3, subsection 1, paragraphs a and c,
27 Code 2023, are amended to read as follows:
28 a. Presents to the department a diploma, or similar
29 evidence, issued by a licensed school of barbering and
30 cosmetology arts and sciences indicating that the applicant
31 has completed the course of study for the appropriate practice
32 of the cosmetology arts and sciences prescribed by the board.
33 An applicant may satisfy this requirement upon presenting a
34 diploma or similar evidence issued by a school in another
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35 state, recognized by the board, which provides instruction
1 regarding the practice for which licensure is sought, provided
2 that the course of study is equivalent to or greater in length
3 and scope than that required for a school in this state, and is
4 approved by the board.
5 c. Passes an examination prescribed by the board. The
6 examination may include both practical demonstrations and
7 written or oral tests and shall not be confined to any
8 specific system or method. However, a member of the board
9 who is a licensed instructor of barbering and cosmetology
10 arts and sciences shall not be involved in the selection or
11 administration of the exam.
12 Sec. 19. Section 157.3, subsection 2, Code 2023, is amended
13 to read as follows:
14 2. Notwithstanding subsection 1, a person who completes
15 the application form prescribed by the board and who submits
16 satisfactory proof of having been licensed in a practice of the
17 barbering and cosmetology arts and sciences in another state
18 for at least twelve months in the twenty-four month period
19 preceding the submission of the application shall be allowed to
20 take the examination for a license to practice the appropriate
21 practice of the barbering and cosmetology arts and sciences.
22 However, the examination requirement shall be waived for those
23 persons who submit evidence of licensure in another state
24 which has a reciprocal agreement with the state of Iowa under
25 sections 147.44, 147.48, and 147.49.
26 Sec. 20. Section 157.3A, subsection 2, paragraphs a and b,
27 Code 2023, are amended to read as follows:
28 a. A licensed cosmetologist or barber having received
29 additional training in the use of chemical peels,
30 microdermabrasion, a certified laser product, or an intense
31 pulsed light device for hair removal shall submit a written
32 application and proof of additional training and certification
33 for approval by the board. A cosmetologist or barber who is
34 licensed after July 1, 2005, shall not be eligible to provide
35 chemical peels, practice microdermabrasion procedures, use
1 certified laser products, or use an intense pulsed light device
2 for hair removal.
3 b. A licensed cosmetologist or barber who applies permanent
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4 makeup or cosmetic micropigmentation shall comply with the
5 provisions of section 135.37 and applicable rules.
6 Sec. 21. Section 157.3A, subsection 4, Code 2023, is amended
7 to read as follows:
8 4. Any additional training received by a licensed
9 esthetician, cosmetologist or barber, or electrologist
10 and submitted to the board relating to utilization of a
11 certified laser product or an intense pulsed light device
12 shall include a safety training component which provides a
13 thorough understanding of the procedures being performed. The
14 training program shall address fundamentals of nonbeam hazards,
15 management and employee responsibilities relating to control
16 measures, and regulatory requirements.
17 Sec. 22. Section 157.3A, Code 2023, is amended by adding the
18 following new subsection:
19 NEW SUBSECTION. 6. Shaving or trimming for hair removal by
20 a cosmetologist or barber trained and certified in the use of a
21 straight edge razor in compliance with applicable rules of the
22 board. The board shall not require a cosmetologist or barber
23 to complete more than forty clock hours of training to receive
24 a certification under this subsection.
25 Sec. 23. Section 157.4, subsection 1, Code 2023, is amended
26 to read as follows:
27 1. The department may issue a temporary permit which allows
28 the applicant to practice in the barbering and cosmetology arts
29 and sciences for purposes determined by rule. The board shall
30 determine and state its recommendations and the length of time
31 the temporary permit issued under this subsection is valid.
32 Sec. 24. Section 157.4, subsection 3, unnumbered paragraph
33 1, Code 2023, is amended to read as follows:
34 Notwithstanding section 157.13, subsection 1, the board
35 may issue a temporary permit to practice in the barbering and
1 cosmetology arts and sciences for the purpose of demonstrating
2 barbering and cosmetology arts and sciences services to the
3 public or for providing barbering and cosmetology arts and
4 sciences services to the public at not-for-profit events. A
5 permit issued pursuant to this subsection shall be subject to
6 the following requirements:
7 Sec. 25. Section 157.4, subsection 3, paragraphs a, b, and
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8 g, Code 2023, are amended to read as follows:
9 a. The permit shall be issued for a specific event and may
10 be issued to a salon an establishment, school of barbering and
11 cosmetology arts and sciences, or person.
12 b. The permit shall be posted and visible to the public
13 at the location where the barbering and cosmetology arts and
14 sciences services are provided.
15 g. A person providing barbering and cosmetology arts and
16 sciences services at a not-for-profit event shall hold a
17 current license to practice barbering and cosmetology arts and
18 sciences.
19 Sec. 26. Section 157.4B, subsection 1, paragraph a, Code
20 2023, is amended to read as follows:
21 a. Advertise or market barbering or cosmetology services.
22 Sec. 27. Section 157.5, subsection 1, unnumbered paragraph
23 1, Code 2023, is amended to read as follows:
24 A licensed cosmetologist or barber, esthetician, or
25 electrologist who provides services relating to the use of a
26 certified laser product, intense pulsed light device for hair
27 removal, chemical peel, or microdermabrasion, shall obtain a
28 consent in writing prior to the administration of the services.
29 A consent in writing shall create a presumption that informed
30 consent was given if the consent:
31 Sec. 28. Section 157.5, subsection 2, Code 2023, is amended
32 to read as follows:
33 2. A licensed cosmetologist or barber, esthetician, or
34 electrologist who provides services related to the use of a
35 certified laser product, intense pulsed light device for hair
1 removal, chemical peel, or microdermabrasion, shall submit
2 a report to the board within thirty days of any incident
3 involving the provision of such services which results in
4 physical injury requiring medical attention. Failure to comply
5 with this section shall result in disciplinary action being
6 taken by the board.
7 Sec. 29. Section 157.6, Code 2023, is amended to read as
8 follows:
9 157.6 Sanitary rules —— practice in the home.
10 The department shall prescribe sanitary rules for salons
11 establishments and schools of barbering and cosmetology arts
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12 and sciences which shall include the sanitary conditions
13 necessary for the practice of barbering and cosmetology
14 arts and sciences and for the prevention of infectious and
15 contagious diseases. Subject to local zoning ordinances, a
16 salon an establishment may be established in a residence if
17 a room other than the living quarters is equipped for that
18 purpose. The department shall enforce this section and make
19 necessary inspections for enforcement purposes.
20 Sec. 30. Section 157.7, subsection 1, Code 2023, is amended
21 to read as follows:
22 1. The department of inspections and appeals shall
23 employ personnel pursuant to chapter 8A, subchapter IV, to
24 perform duties related to inspection functions under this
25 chapter. The department of inspections and appeals shall, when
26 possible, integrate inspection efforts under this chapter with
27 inspections conducted under chapter 158.
28 Sec. 31. Section 157.8, subsection 1, Code 2023, is amended
29 to read as follows:
30 1. It is unlawful for a school of barbering and cosmetology
31 arts and sciences to operate unless the owner has obtained
32 a license issued by the department. The owner shall file a
33 verified application with the department on forms prescribed
34 by the board.
35 Sec. 32. Section 157.8, subsection 2, paragraph c, Code
1 2023, is amended by striking the paragraph.
2 Sec. 33. Section 157.8, subsection 2, paragraph d, Code
3 2023, is amended to read as follows:
4 d. The school of barbering and cosmetology arts and sciences
5 must pass a sanitary inspection under section 157.6. An annual
6 inspection of each school of barbering and cosmetology arts and
7 sciences, including the educational activities of each school,
8 shall be conducted and completed by the board or its designee
9 prior to renewal of the license.
10 Sec. 34. Section 157.8, subsection 3, paragraph c, Code
11 2023, is amended to read as follows:
12 c. A person employed as an instructor in the barbering
13 and cosmetology arts and sciences by a licensed school shall
14 be licensed in the practice and shall possess a separate
15 instructor’s license which shall be renewed biennially. An
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16 instructor shall file an application with the department on
17 forms prescribed by the bo