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House File 2117 - IntroducedA Bill ForAn Act 1relating to a barbering and cosmetology establishment
2training program.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 157.2, subsection 1, Code 2024, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. h. Persons providing services pursuant to an
4establishment training program authorized pursuant to section
5157.12D.
6 Sec. 2. Section 157.2, subsection 3, Code 2024, is amended
7to read as follows:
83. With the exception of hair removal, manicuring, and nail
9technology services, persons licensed under this chapter or
10participating in an establishment training program authorized
11pursuant to section 157.12D shall not administer any procedure
12in which human tissue is cut, shaped, vaporized, or otherwise
13structurally altered.
14 Sec. 3. Section 157.13, subsection 1, Code 2024, is amended
15by adding the following new paragraph:
16 NEW PARAGRAPH. d. When the practice is performed by a
17person without a license under the supervision of a licensee in
18an establishment registered with the board pursuant to section
19157.12D.
20 Sec. 4. Section 157.13, subsection 4, unnumbered paragraph
211, Code 2024, is amended to read as follows:
22If the board has reasonable grounds to believe that a person
23or establishment which is not licensed under this chapter and
24that is not participating in an establishment training program
25pursuant to section 157.12D has engaged, or is about to engage,
26in an act or practice which requires licensure under this
27chapter, or otherwise violates a provision of this chapter, the
28board may issue an order to require the unlicensed person or
29establishment to comply with the provisions of this chapter,
30and may impose a civil penalty not to exceed one thousand
31dollars for each violation of this chapter by an unlicensed
32person or establishment. Each day of a continued violation
33after an order or citation by the board constitutes a separate
34offense, with the maximum penalty not to exceed ten thousand
35dollars.
-1-1 Sec. 5. NEW SECTION. 157.12D Establishment training
2program.
31. An establishment training program is created. The
4board shall create an establishment training program and allow
5establishments to register to participate in the program. An
6establishment licensed pursuant to section 157.11, including
7an establishment operating in a residence pursuant to section
8157.6 may participate in the program by registering with the
9board.
102. An establishment that registers with the board may employ
11persons, without regard to the person’s licensure status, to
12provide the services of shampooing, cutting, coloring, and
13styling hair under the supervision of a licensee who regularly
14provides the services. A person providing services without
15a license must first complete two hours of education related
16to barbering and cosmetology laws in this state and rules and
17sanitation, as determined by the board by rule, before offering
18services permitted under the program. The establishment owner
19is responsible for ensuring the education, training, skills,
20and competence of persons who provide services in the owner’s
21establishment.
223. An establishment participating in the establishment
23training program shall comply with all facility and minimum
24equipment requirements, safety and infection control
25provisions, inspection requirements, management requirements,
26and establishment licensing renewal requirements. The
27department shall inspect an establishment participating in the
28program as the department deems necessary to ensure compliance
29with these requirements.
304. The establishment shall disclose in writing prior to
31the consumer’s receipt of services from an unlicensed provider
32that the establishment is participating in the program and
33that the provider is not licensed. The disclosure shall be
34clearly legible and state: “This licensed establishment is
35registered to participate in an establishment training program.
-2-1This establishment employs unlicensed providers who work under
2the supervision of licensed providers. The services you are
3receiving are from an unlicensed provider participating in this
4program.”
55. In addition to any other remedy provided by law, in
6an action based on an injury alleged to have occurred in an
7establishment participating in the establishment training
8program, a prevailing party may recover reasonable attorney’s
9fees and receive other equitable relief as determined by the
10court.
116. In addition to any other disciplinary powers established
12pursuant to this chapter, the board may, when it has probable
13cause to believe that human health is endangered, order an
14establishment participating in the program to immediately cease
15participation in the program. The board shall conduct formal
16proceedings pursuant to this chapter to determine whether the
17problem has been corrected, whether to suspend, revoke, or
18reinstate the establishment’s participation in the program, and
19whether to suspend, revoke, or reinstate the establishment’s
20license.
217. For the purposes of this section, “supervision” means
22within the physical presence of a licensee and the licensee is
23available to assist in providing services.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to the practice of barbering and
28cosmetology arts and sciences by certain unlicensed persons.
29The bill requires the board of barbering and cosmetology arts
30and sciences to create an establishment training program
31(program). The bill allows an establishment to participate in
32the program by registering with the board. The bill allows an
33establishment participating in the program to employ unlicensed
34persons to perform certain cosmetology arts and sciences
35under the supervision, defined in the bill, of a licensee
-3-1who regularly provides those services. The bill requires an
2unlicensed person participating in the program to first receive
3education regarding barbering and cosmetology laws and rules
4and sanitation. The owner of an establishment participating
5in the program is responsible for ensuring the education,
6training, skills, and competence of persons who provide
7services in the owner’s establishment.
8The bill requires an establishment participating in the
9program to comply with all facility and minimum equipment
10requirements, safety and infection control provisions,
11inspection requirements, management requirements, and
12establishment licensing renewal requirements. The bill
13requires the department of inspections, appeals, and licensing
14to inspect an establishment participating in the program
15as often as it deems necessary to ensure compliance with
16these requirements. The bill also requires an establishment
17participating in the program to inform a consumer receiving
18services from an unlicensed person in writing prior to the
19provision of services.
20The bill allows a party prevailing in an action based
21on an injury alleged to have occurred in an establishment
22participating in the program to recover reasonable attorney’s
23fees and receive other equitable relief as determined by the
24court. The bill allows the board to order an establishment
25to immediately cease participation in the program if it has
26probable cause to believe that human health is endangered.
27The bill requires the board to formally investigate an
28establishment subject to discipline under the bill and
29allows the board to reinstate or revoke the establishment’s
30participation in the program, and to suspend, revoke, or
31reinstate the establishment’s license.
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2training program.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 157.2, subsection 1, Code 2024, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. h. Persons providing services pursuant to an
4establishment training program authorized pursuant to section
5157.12D.
6 Sec. 2. Section 157.2, subsection 3, Code 2024, is amended
7to read as follows:
83. With the exception of hair removal, manicuring, and nail
9technology services, persons licensed under this chapter or
10participating in an establishment training program authorized
11pursuant to section 157.12D shall not administer any procedure
12in which human tissue is cut, shaped, vaporized, or otherwise
13structurally altered.
14 Sec. 3. Section 157.13, subsection 1, Code 2024, is amended
15by adding the following new paragraph:
16 NEW PARAGRAPH. d. When the practice is performed by a
17person without a license under the supervision of a licensee in
18an establishment registered with the board pursuant to section
19157.12D.
20 Sec. 4. Section 157.13, subsection 4, unnumbered paragraph
211, Code 2024, is amended to read as follows:
22If the board has reasonable grounds to believe that a person
23or establishment which is not licensed under this chapter and
24that is not participating in an establishment training program
25pursuant to section 157.12D has engaged, or is about to engage,
26in an act or practice which requires licensure under this
27chapter, or otherwise violates a provision of this chapter, the
28board may issue an order to require the unlicensed person or
29establishment to comply with the provisions of this chapter,
30and may impose a civil penalty not to exceed one thousand
31dollars for each violation of this chapter by an unlicensed
32person or establishment. Each day of a continued violation
33after an order or citation by the board constitutes a separate
34offense, with the maximum penalty not to exceed ten thousand
35dollars.
-1-1 Sec. 5. NEW SECTION. 157.12D Establishment training
2program.
31. An establishment training program is created. The
4board shall create an establishment training program and allow
5establishments to register to participate in the program. An
6establishment licensed pursuant to section 157.11, including
7an establishment operating in a residence pursuant to section
8157.6 may participate in the program by registering with the
9board.
102. An establishment that registers with the board may employ
11persons, without regard to the person’s licensure status, to
12provide the services of shampooing, cutting, coloring, and
13styling hair under the supervision of a licensee who regularly
14provides the services. A person providing services without
15a license must first complete two hours of education related
16to barbering and cosmetology laws in this state and rules and
17sanitation, as determined by the board by rule, before offering
18services permitted under the program. The establishment owner
19is responsible for ensuring the education, training, skills,
20and competence of persons who provide services in the owner’s
21establishment.
223. An establishment participating in the establishment
23training program shall comply with all facility and minimum
24equipment requirements, safety and infection control
25provisions, inspection requirements, management requirements,
26and establishment licensing renewal requirements. The
27department shall inspect an establishment participating in the
28program as the department deems necessary to ensure compliance
29with these requirements.
304. The establishment shall disclose in writing prior to
31the consumer’s receipt of services from an unlicensed provider
32that the establishment is participating in the program and
33that the provider is not licensed. The disclosure shall be
34clearly legible and state: “This licensed establishment is
35registered to participate in an establishment training program.
-2-1This establishment employs unlicensed providers who work under
2the supervision of licensed providers. The services you are
3receiving are from an unlicensed provider participating in this
4program.”
55. In addition to any other remedy provided by law, in
6an action based on an injury alleged to have occurred in an
7establishment participating in the establishment training
8program, a prevailing party may recover reasonable attorney’s
9fees and receive other equitable relief as determined by the
10court.
116. In addition to any other disciplinary powers established
12pursuant to this chapter, the board may, when it has probable
13cause to believe that human health is endangered, order an
14establishment participating in the program to immediately cease
15participation in the program. The board shall conduct formal
16proceedings pursuant to this chapter to determine whether the
17problem has been corrected, whether to suspend, revoke, or
18reinstate the establishment’s participation in the program, and
19whether to suspend, revoke, or reinstate the establishment’s
20license.
217. For the purposes of this section, “supervision” means
22within the physical presence of a licensee and the licensee is
23available to assist in providing services.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to the practice of barbering and
28cosmetology arts and sciences by certain unlicensed persons.
29The bill requires the board of barbering and cosmetology arts
30and sciences to create an establishment training program
31(program). The bill allows an establishment to participate in
32the program by registering with the board. The bill allows an
33establishment participating in the program to employ unlicensed
34persons to perform certain cosmetology arts and sciences
35under the supervision, defined in the bill, of a licensee
-3-1who regularly provides those services. The bill requires an
2unlicensed person participating in the program to first receive
3education regarding barbering and cosmetology laws and rules
4and sanitation. The owner of an establishment participating
5in the program is responsible for ensuring the education,
6training, skills, and competence of persons who provide
7services in the owner’s establishment.
8The bill requires an establishment participating in the
9program to comply with all facility and minimum equipment
10requirements, safety and infection control provisions,
11inspection requirements, management requirements, and
12establishment licensing renewal requirements. The bill
13requires the department of inspections, appeals, and licensing
14to inspect an establishment participating in the program
15as often as it deems necessary to ensure compliance with
16these requirements. The bill also requires an establishment
17participating in the program to inform a consumer receiving
18services from an unlicensed person in writing prior to the
19provision of services.
20The bill allows a party prevailing in an action based
21on an injury alleged to have occurred in an establishment
22participating in the program to recover reasonable attorney’s
23fees and receive other equitable relief as determined by the
24court. The bill allows the board to order an establishment
25to immediately cease participation in the program if it has
26probable cause to believe that human health is endangered.
27The bill requires the board to formally investigate an
28establishment subject to discipline under the bill and
29allows the board to reinstate or revoke the establishment’s
30participation in the program, and to suspend, revoke, or
31reinstate the establishment’s license.
-4-ss/ko