Text: HF02357 Text: HF02359 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2358 1 2 1 3 AN ACT 1 4 PROVIDING FOR TECHNICAL AND SUBSTANTIVE CHANGES RELATING TO 1 5 THE PRACTICE OF COSMETOLOGY, ESTABLISHING PENALTIES, AND 1 6 MAKING PENALTIES APPLICABLE. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 157.1, Code 2003, is amended by adding 1 11 the following new subsections: 1 12 NEW SUBSECTION. 1A. "Certified laser product" means a 1 13 product which is certified by a manufacturer pursuant to the 1 14 requirements of 21 C.F.R. pt. 1040 and as specified by rule. 1 15 NEW SUBSECTION. 1B. "Chemical exfoliation" means the 1 16 removal of surface epidermal cells of the skin by using only 1 17 nonmedical strength cosmetic preparations consistent with 1 18 labeled instructions and as specified by rule. 1 19 Sec. 2. Section 157.1, subsection 3, Code 2003, is amended 1 20 by striking the subsection and inserting in lieu thereof the 1 21 following: 1 22 3. "Cosmetology" means all of the following practices: 1 23 a. Arranging, braiding, dressing, curling, waving, press 1 24 and curl hair straightening, shampooing, cutting, singeing, 1 25 bleaching, coloring, or similar works, upon the hair of any 1 26 person; or upon a wig or hairpiece when done in conjunction 1 27 with haircutting or hairstyling by any means. 1 28 b. Massaging, cleansing, stimulating, exercising, or 1 29 beautifying the superficial epidermis of the scalp, face, 1 30 neck, arms, hands, legs, feet, or upper body of any person 1 31 with the hands or mechanical or electrical apparatus or 1 32 appliances or with the use of cosmetic preparations, including 1 33 cleansers, toners, moisturizers, or masques. 1 34 c. Removing superfluous hair from the face or body of a 1 35 person with the use of depilatories, wax, sugars, or tweezing. 2 1 d. Applying makeup or eyelashes, tinting of lashes or 2 2 brows, or lightening of hair on the face or body. 2 3 e. Cleansing, shaping, or polishing the fingernails, 2 4 applying sculptured nails, nail extensions, wraps, overlays, 2 5 nail art, or any other nail technique to the fingernails or 2 6 toenails of a person. 2 7 Sec. 3. Section 157.1, subsection 4, Code 2003, is amended 2 8 to read as follows: 2 9 4. "Cosmetology arts and sciences" means any or all of the 2 10 followingpracticesdisciplines, performed with or without 2 11 compensation by a licensee: 2 12 a. Cosmetology. 2 13 b. Electrology. 2 14 c. Esthetics. 2 15 d. Nail technology. 2 16 e. Manicuring. 2 17 Sec. 4. Section 157.1, Code 2003, is amended by adding the 2 18 following new subsection: 2 19 NEW SUBSECTION. 5A. "Depilatory" means an agent used for 2 20 the temporary removal of superfluous hair by dissolving it at 2 21 the epidermal surface. 2 22 Sec. 5. Section 157.1, subsection 9, Code 2003, is amended 2 23 by striking the subsection and inserting in lieu thereof the 2 24 following: 2 25 9. "Esthetics" means the following: 2 26 a. Beautifying, massaging, cleansing, stimulating, or 2 27 hydrating the skin of a person, except the scalp, by the use 2 28 of cosmetic preparations, including cleansers, antiseptics, 2 29 tonics, lotions, creams, exfoliants, masques, and essential 2 30 oils, to be applied with the hands or any device, electrical 2 31 or otherwise, designed for the nonmedical care of the skin. 2 32 b. Applying makeup or eyelashes to a person, tinting 2 33 eyelashes or eyebrows, or lightening hair on the body except 2 34 the scalp. 2 35 c. Removing superfluous hair from the body of a person by 3 1 the use of depilatories, waxing, sugaring, tweezers, or use of 3 2 any certified laser products. This excludes the practice of 3 3 electrology, whereby hair is removed with an electric needle. 3 4 d. The application of permanent makeup or cosmetic 3 5 micropigmentation. 3 6 Sec. 6. Section 157.1, Code 2003, is amended by adding the 3 7 following new subsections: 3 8 NEW SUBSECTION. 9A. "Exfoliation" means the process 3 9 whereby the superficial epidermal cells are removed from the 3 10 skin. 3 11 NEW SUBSECTION. 9B. "General supervision" means the 3 12 supervising physician is not onsite for laser procedures 3 13 conducted on minors, but is available for direct 3 14 communication, either in person or by telephone, radio, 3 15 radiotelephone, television, or similar means. 3 16 NEW SUBSECTION. 10A. "Laser" means light amplification by 3 17 the stimulated emission of radiation. 3 18 NEW SUBSECTION. 12A. "Mechanical exfoliation" means the 3 19 physical removal of surface epidermal cells by means that 3 20 include but are not limited to brushing machines, granulated 3 21 scrubs, peel-off masques, peeling creams or drying 3 22 preparations that are rubbed off, and microdermabrasion. 3 23 NEW SUBSECTION. 12B. "Microdermabrasion" means mechanical 3 24 exfoliation using an abrasive material or apparatus to remove 3 25 surface epidermal cells with a machine which is specified by 3 26 rule. 3 27 NEW SUBSECTION. 12C. "Minor" means an unmarried person 3 28 who is under the age of eighteen years. 3 29 NEW SUBSECTION. 14A. "Physician" means a person licensed 3 30 in Iowa to practice medicine and surgery, osteopathic medicine 3 31 and surgery, or osteopathy. 3 32 Sec. 7. Section 157.2, Code 2003, is amended by adding the 3 33 following new subsections: 3 34 NEW SUBSECTION. 3. Persons licensed under this chapter 3 35 shall not administer any practice of removing the skin by 4 1 means of a razor-edged instrument. 4 2 NEW SUBSECTION. 4. With the exception of hair removal, 4 3 manicuring, and nail technology services, persons licensed 4 4 under this chapter shall not administer any procedure in which 4 5 human tissue is cut, shaped, vaporized, or otherwise 4 6 structurally altered. 4 7 Sec. 8. NEW SECTION. 157.3A LICENSE REQUIREMENTS – 4 8 ADDITIONAL TRAINING. 4 9 In addition to the license requirements of section 157.3, 4 10 as provided in this section, a written application and proof 4 11 of additional training and certification shall be required 4 12 prior to approval by the board for the provision of the 4 13 services described in this section. 4 14 1. a. A licensed esthetician, who intends to provide 4 15 services pursuant to section 157.1, subsection 9, paragraphs 4 16 "a" and "c", having received additional training on the use of 4 17 microdermabrasion or a certified laser product shall submit a 4 18 written application and proof of additional training and 4 19 certification for approval by the board. Training shall be 4 20 specific to the service provided or certified laser product 4 21 used. 4 22 b. A licensed esthetician who applies permanent makeup or 4 23 cosmetic micropigmentation shall comply with the provisions of 4 24 section 135.37 and applicable rules. 4 25 c. Extractions shall be administered only by a licensed 4 26 esthetician who has been trained in extraction procedures. 4 27 d. Chemical peels shall be administered only by a licensed 4 28 esthetician who has been certified by the manufacturer of the 4 29 product being used. 4 30 2. a. A licensed cosmetologist having received additional 4 31 training in the use of chemical peels, microdermabrasion, or a 4 32 certified laser product shall submit a written application and 4 33 proof of additional training and certification for approval by 4 34 the board. A cosmetologist who is licensed after July 1, 4 35 2005, shall not be eligible to provide chemical peels, 5 1 practice microdermabrasion procedures, or use certified laser 5 2 products. 5 3 b. A licensed cosmetologist who applies permanent makeup 5 4 or cosmetic micropigmentation shall comply with the provisions 5 5 of section 135.37 and applicable rules. 5 6 3. A licensed electrologist having received additional 5 7 training on the use of a certified laser product for the 5 8 purpose of hair removal shall submit a written application and 5 9 proof of additional training and certification for approval by 5 10 the board. 5 11 4. Any additional training received by a licensed 5 12 esthetician, cosmetologist, or electrologist and submitted to 5 13 the board relating to utilization of a certified laser product 5 14 shall include a safety training component which provides a 5 15 thorough understanding of the procedures being performed. The 5 16 training program shall address fundamentals of nonbeam 5 17 hazards, management and employee responsibilities relating to 5 18 control measures, and regulatory requirements. 5 19 5. A certified laser product shall only be used on surface 5 20 epidermal layers of the skin except for hair removal. 5 21 Sec. 9. NEW SECTION. 157.5 CONSENT AND REPORTING 5 22 REQUIREMENTS. 5 23 1. A licensed cosmetologist, esthetician, or electrologist 5 24 who provides services relating to the use of a certified laser 5 25 product, chemical peel, or microdermabrasion, shall obtain a 5 26 consent in writing prior to the administration of the 5 27 services. A consent in writing shall create a presumption 5 28 that informed consent was given if the consent: 5 29 a. Sets forth in general terms the nature and purpose of 5 30 the procedure or procedures, together with the known risks 5 31 associated with the procedure or procedures, if reasonably 5 32 determinable. 5 33 b. Acknowledges that the disclosure of that information 5 34 has been made and that all questions asked about the procedure 5 35 or procedures have been answered in a satisfactory manner. 6 1 c. Is signed by the client for whom the procedure is to be 6 2 performed, or if the client for any reason lacks legal 6 3 capacity to consent, is signed by a person who has legal 6 4 authority to consent on behalf of that client in those 6 5 circumstances. 6 6 2. A licensed cosmetologist, esthetician, or electrologist 6 7 who provides services related to the use of a certified laser 6 8 product, chemical peel, or microdermabrasion, shall submit a 6 9 report to the board within thirty days of any incident 6 10 involving the provision of such services which results in 6 11 physical injury requiring medical attention. Failure to 6 12 comply with this section shall result in disciplinary action 6 13 being taken by the board. 6 14 Sec. 10. Section 157.8, subsection 1, Code 2003, is 6 15 amended to read as follows: 6 16 1. It is unlawful for a school of cosmetology arts and 6 17 sciences to operate unless the owner has obtained a license 6 18 issued by the department. The owner shall file a verified 6 19 application with the department on forms prescribed by the 6 20 board. The application for a license for a school shall be 6 21 accompanied by the annual license fee determined pursuant to 6 22 section 147.80 and shall state the name and location of the 6 23 school and such other additional information as the board may 6 24 require. The license is valid for one year and may be 6 25 renewed. A license for a school of cosmetology arts and 6 26 sciences shall not be issued for any space in any location 6 27 where the same space is also licensed as a barber school. The 6 28 school of cosmetology arts and sciences must pass a sanitary 6 29 inspection under section 157.6. An annual inspection of each 6 30 school of cosmetology arts and sciences, including the 6 31 educational activities of each school, shall be conducted and 6 32 completed by the board or its designee prior to renewal of the 6 33 license. 6 34 Sec. 11. NEW SECTION. 157.12A USE OF LASER PRODUCTS ON 6 35 MINORS. 7 1 A laser hair removal product or device shall not be used on 7 2 a minor unless the minor is accompanied by a parent or 7 3 guardian and only under the general supervision of a 7 4 physician. 7 5 Sec. 12. Section 157.13, subsection 1, Code 2003, is 7 6 amended to read as follows: 7 7 1. It is unlawful for a person to employ an individual to 7 8 practice cosmetology arts and sciences unless that individual 7 9 is licensed or has obtained a temporary permit under this 7 10 chapter. It is unlawful for a licensee to practice with or 7 11 without compensation in any place other than a licensed salon, 7 12 a licensed school of cosmetology arts and sciences, or a 7 13 licensed barbershop as defined in section 158.1, except that a 7 14 licensee may practice at a location which is not a licensed 7 15 salon or school of cosmetology arts and sciences under 7 16 extenuating circumstances arising from physical or mental 7 17 disability or death of a customer. It is unlawful for a 7 18 licensee to claim to be a licensed barber, but it is lawful 7 19 for a licensed cosmetologist to work in a licensed barbershop. 7 20 It is unlawful for a person to employ a licensed 7 21 cosmetologist, esthetician, or electrologist to perform the 7 22 services described in section 157.3A if the licensee has not 7 23 received the additional training and met the other 7 24 requirements specified in section 157.3A. 7 25 Sec. 13. Section 157.13, Code 2003, is amended by adding 7 26 the following new subsection: 7 27 NEW SUBSECTION. 3. If the board has reasonable grounds to 7 28 believe that a person or establishment which is not licensed 7 29 under this chapter has engaged, or is about to engage, in an 7 30 act or practice which requires licensure under this chapter, 7 31 or otherwise violates a provision of this chapter, the board 7 32 may issue an order to require the unlicensed person or 7 33 establishment to comply with the provisions of this chapter, 7 34 and may impose a civil penalty not to exceed one thousand 7 35 dollars for each violation of this chapter by an unlicensed 8 1 person or establishment. Each day of a continued violation 8 2 after an order or citation by the board constitutes a separate 8 3 offense, with the maximum penalty not to exceed ten thousand 8 4 dollars. 8 5 a. In determining the amount of a civil penalty, the board 8 6 may consider the following: 8 7 (1) Whether the amount imposed will be a substantial 8 8 economic deterrent to the violation. 8 9 (2) The circumstances leading to or resulting in the 8 10 violation. 8 11 (3) The severity of the violation and the risk of harm to 8 12 the public. 8 13 (4) The economic benefits gained by the violator as a 8 14 result of noncompliance. 8 15 (5) The welfare or best interest of the public. 8 16 b. The board may conduct an investigation as needed to 8 17 determine whether probable cause exists to initiate the 8 18 proceedings described in this subsection. Before issuing an 8 19 order or citation under this section, the board shall provide 8 20 written notice and the opportunity to request a hearing on the 8 21 record. The hearing must be requested within thirty days of 8 22 the issuance of the notice and shall be conducted as provided 8 23 in chapter 17A. The board may, in connection with a 8 24 proceeding under this section, issue subpoenas to compel the 8 25 attendance and testimony of witnesses and the disclosure of 8 26 evidence and may request the attorney general to bring an 8 27 action to enforce the subpoena. 8 28 c. A person aggrieved by the imposition of a civil penalty 8 29 under this section may seek judicial review in accordance with 8 30 section 17A.19. The board shall notify the attorney general 8 31 of the failure to pay a civil penalty within thirty days after 8 32 entry of an order pursuant to this subsection, or within ten 8 33 days following final judgment in favor of the board if an 8 34 order has been stayed pending appeal. The attorney general 8 35 may commence an action to recover the amount of the penalty, 9 1 including reasonable attorney fees and costs. An action to 9 2 enforce an order under this subsection may be joined with an 9 3 action for an injunction. 9 4 9 5 9 6 9 7 CHRISTOPHER C. RANTS 9 8 Speaker of the House 9 9 9 10 9 11 9 12 JEFFREY M. LAMBERTI 9 13 President of the Senate 9 14 9 15 I hereby certify that this bill originated in the House and 9 16 is known as House File 2358, Eightieth General Assembly. 9 17 9 18 9 19 9 20 MARGARET THOMSON 9 21 Chief Clerk of the House 9 22 Approved , 2004 9 23 9 24 9 25 9 26 THOMAS J. VILSACK 9 27 Governor
Text: HF02357 Text: HF02359 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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