Text: HSB00282 Text: HSB00284 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 157.1, Code 2003, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 1A. "Certified laser product" means a 1 4 product which is certified by a manufacturer pursuant to the 1 5 requirements of 21 C.F.R. pt. 1040. 1 6 NEW SUBSECTION. 1B. "Chemical exfoliation" means 1 7 exfoliation of the skin by using only nonmedical strength 1 8 solutions consistent with labeled instructions and as 1 9 specified by rule. 1 10 Sec. 2. Section 157.1, subsection 3, Code 2003, is amended 1 11 by striking the subsection and inserting in lieu thereof the 1 12 following: 1 13 3. "Cosmetology" means all of the following practices: 1 14 a. Arranging, braiding, dressing, curling, waving, 1 15 shampooing, cutting, singeing, bleaching, coloring, or similar 1 16 works, upon the hair of any person; or upon a wig or hairpiece 1 17 when done in conjunction with haircutting or hairstyling by 1 18 any means. 1 19 b. Massaging, cleansing, stimulating, exercising, or 1 20 beautifying the superficial epidermis of the scalp, face, 1 21 neck, arms, hands, legs, feet, or upper body of any person 1 22 with the hands or mechanical or electrical apparatus or 1 23 appliances or with the use of cosmetic preparations, including 1 24 cleansers, toners, moisturizers, or masques. 1 25 c. Removing superfluous hair from the face or body of a 1 26 person with the use of depilatories, wax, sugars, or tweezing. 1 27 d. Applying makeup or eyelashes, tinting of lashes or 1 28 brows, or lightening of hair on the face or body. 1 29 e. Cleansing, shaping, or polishing the fingernails, 1 30 applying sculptured nails, nail extensions, wraps, overlays, 1 31 nail art, or any other nail technique to the fingernails or 1 32 toenails of a person. 1 33 Sec. 3. Section 157.1, subsection 4, Code 2003, is amended 1 34 to read as follows: 1 35 4. "Cosmetology arts and sciences" means any or all of the 2 1 followingpracticesdisciplines, performed with or without 2 2 compensation by a licensee: 2 3 a. Cosmetology. 2 4 b. Electrology. 2 5 c. Esthetics. 2 6 d. Nail technology. 2 7 e. Manicuring. 2 8 Sec. 4. Section 157.1, Code 2003, is amended by adding the 2 9 following new subsection: 2 10 NEW SUBSECTION. 5A. "Depilatory" means an agent used for 2 11 the temporary removal of superfluous hair by dissolving it at 2 12 the skin level. 2 13 Sec. 5. Section 157.1, subsection 9, Code 2003, is amended 2 14 by striking the subsection and inserting in lieu thereof the 2 15 following: 2 16 9. "Esthetics" means the following: 2 17 a. Beautifying, massaging, cleansing, stimulating, or 2 18 hydrating the skin of a person, except the scalp, by the use 2 19 of cosmetic preparations, including cleansers, antiseptics, 2 20 tonics, lotions, creams, exfoliants, masques, and essential 2 21 oils, to be applied with the hands or any device, electrical 2 22 or otherwise, designed for the care of the skin. 2 23 b. Applying makeup or eyelashes to a person, tinting 2 24 eyelashes or eyebrows, or lightening hair on the body except 2 25 the scalp. 2 26 c. Removing superfluous hair from the body of a person by 2 27 the use of depilatories, waxing, sugaring, tweezers, or use of 2 28 any certified laser products. This excludes the practice of 2 29 electrology, whereby hair is removed with an electric needle. 2 30 d. The application of permanent makeup or cosmetic 2 31 micropigmentation. 2 32 Sec. 6. Section 157.1, Code 2003, is amended by adding the 2 33 following new subsections: 2 34 NEW SUBSECTION. 9A. "Exfoliation" means the process 2 35 whereby the superficial epidermis is removed from the skin. 3 1 NEW SUBSECTION. 10A. "Laser" means light amplification by 3 2 the stimulated emission of radiation. 3 3 NEW SUBSECTION. 12A. "Mechanical exfoliation" means the 3 4 physical removal of dead skin cells by means that include but 3 5 are not limited to brushing machines, granulated scrubs, peel- 3 6 off masques, peeling creams or drying preparations that are 3 7 rubbed off, and microdermabrasion. 3 8 NEW SUBSECTION. 12B. "Microdermabrasion" means mechanical 3 9 exfoliation using a powerful electronic vacuum to spray high- 3 10 grade microcrystals composed of aluminum dioxide across the 3 11 surface of the skin through a pressurized wand. 3 12 Sec. 7. Section 157.2, Code 2003, is amended by adding the 3 13 following new subsection: 3 14 NEW SUBSECTION. 3. Persons licensed under this chapter 3 15 shall not administer any practice of removing the skin by 3 16 means of a razor-edged instrument. 3 17 Sec. 8. NEW SECTION. 157.3A LICENSE REQUIREMENTS – 3 18 ADDITIONAL TRAINING. 3 19 In addition to the license requirements of section 157.3, 3 20 as provided in this section, a written application and proof 3 21 of additional training and certification shall be required 3 22 prior to approval by the board for the provision of the 3 23 services described in this section. 3 24 1. a. A licensed esthetician, who intends to provide 3 25 services pursuant to section 157.1, subsection 9, paragraphs 3 26 "a" and "c", having received additional training on the use of 3 27 microdermabrasion or a certified laser product shall submit a 3 28 written application and proof of additional training and 3 29 certification for approval by the board. Training shall be 3 30 specific to the service provided or certified laser product 3 31 used. 3 32 b. A licensed esthetician who applies permanent makeup or 3 33 cosmetic micropigmentation shall comply with the provisions of 3 34 section 135.37 and applicable rules. 3 35 c. Extractions shall be administered only by a licensed 4 1 esthetician who has been trained in extraction procedures. 4 2 d. Chemical peels shall be administered only by a licensed 4 3 esthetician who has been certified by the manufacturer of the 4 4 product being used. 4 5 2. a. A licensed cosmetologist having received additional 4 6 training in the use of microdermabrasion or a certified laser 4 7 product shall submit a written application and proof of 4 8 additional training and certification for approval by the 4 9 board. A cosmetologist who is licensed after July 1, 2004, 4 10 shall not be eligible to practice microdermabrasion procedures 4 11 or use certified laser products. 4 12 b. A licensed cosmetologist who applies permanent makeup 4 13 or cosmetic micropigmentation shall comply with the provisions 4 14 of section 135.37 and applicable rules. 4 15 c. A cosmetologist shall not be authorized to administer 4 16 chemical peels. 4 17 3. A licensed electrologist having received additional 4 18 training on the use of a certified laser product for the 4 19 purpose of hair removal shall submit a written application and 4 20 proof of additional training and certification for approval by 4 21 the board. 4 22 4. Any additional training received by a licensed 4 23 esthetician, cosmetologist, or electrologist and submitted to 4 24 the board relating to utilization of a certified laser product 4 25 shall include a safety training component which provides a 4 26 thorough understanding of the procedures being performed. The 4 27 training program shall address fundamentals of intense-pulsed 4 28 light device operation, bioeffects of intense-pulsed light 4 29 device radiation on the skin and eye and contraindications for 4 30 its use, nonbeam hazards, management and employee 4 31 responsibilities relating to control measures, and regulatory 4 32 requirements. 4 33 5. A certified laser product shall only be used on 4 34 nonliving epidermal layers of the skin except for hair 4 35 removal. 5 1 Sec. 9. Section 157.8, subsection 1, Code 2003, is amended 5 2 to read as follows: 5 3 1. It is unlawful for a school of cosmetology arts and 5 4 sciences to operate unless the owner has obtained a license 5 5 issued by the department. The owner shall file a verified 5 6 application with the department on forms prescribed by the 5 7 board. The application for a license for a school shall be 5 8 accompanied by the annual license fee determined pursuant to 5 9 section 147.80 and shall state the name and location of the 5 10 school and such other additional information as the board may 5 11 require. The license is valid for one year and may be 5 12 renewed. A license for a school of cosmetology arts and 5 13 sciences shall not be issued for any space in any location 5 14 where the same space is also licensed as a barber school. The 5 15 school of cosmetology arts and sciences must pass a sanitary 5 16 inspection under section 157.6. An annual inspection of each 5 17 school of cosmetology arts and sciences, including the 5 18 educational activities of each school, shall be conducted and 5 19 completed by the board or its designee prior to renewal of the 5 20 license. 5 21 Sec. 10. Section 157.13, subsection 1, Code 2003, is 5 22 amended to read as follows: 5 23 1. It is unlawful for a person to employ an individual to 5 24 practice cosmetology arts and sciences unless that individual 5 25 is licensed or has obtained a temporary permit under this 5 26 chapter. It is unlawful for a licensee to practice with or 5 27 without compensation in any place other than a licensed salon, 5 28 a licensed school of cosmetology arts and sciences, or a 5 29 licensed barbershop as defined in section 158.1, except that a 5 30 licensee may practice at a location which is not a licensed 5 31 salon or school of cosmetology arts and sciences under 5 32 extenuating circumstances arising from physical or mental 5 33 disability or death of a customer. It is unlawful for a 5 34 licensee to claim to be a licensed barber, but it is lawful 5 35 for a licensed cosmetologist to work in a licensed barbershop. 6 1 It is unlawful for a person to employ a licensed 6 2 cosmetologist, esthetician, or electrologist to perform the 6 3 services described in section 157.3A if the licensee has not 6 4 received the additional training and met the other 6 5 requirements specified in section 157.3A. It is unlawful for 6 6 persons licensed under this chapter to perform massage therapy 6 7 to administer that therapy unless the massage is included as 6 8 part of a manicure, pedicure, facial, or cosmetology practice. 6 9 Sec. 11. NEW SECTION. 157.12A USE OF LASER PRODUCTS. 6 10 Laser products shall not be used on a minor without written 6 11 authorization from the minor's parent or guardian. 6 12 EXPLANATION 6 13 This bill provides for technical and substantive changes 6 14 relating to the practice of cosmetology. 6 15 The bill provides new definitions for several terms. The 6 16 bill provides that "chemical exfoliation" means exfoliation of 6 17 the skin by using only nonmedical strength solutions 6 18 consistent with labeled instructions and as specified in 6 19 applicable administrative rules, that a "certified laser 6 20 product" means a product which is certified by a manufacturer 6 21 pursuant to the requirements of 21 C.F.R. pt. 1040, and that 6 22 "depilatory" means an agent used for the temporary removal of 6 23 superfluous hair by dissolving it at the skin level. The bill 6 24 also provides that "exfoliation" means the process whereby the 6 25 superficial epidermis is removed from the skin, and that 6 26 "laser" means light amplification by the stimulated emission 6 27 of radiation. The bill additionally provides that "mechanical 6 28 exfoliation" means the physical removal of dead skin cells by 6 29 means that include but are not limited to brushing machines, 6 30 granulated scrubs, peel-off masques, peeling creams or drying 6 31 preparations that are rubbed off, and microdermabrasion, and 6 32 defines "microdermabrasion" to mean mechanical exfoliation 6 33 using a powerful electronic vacuum to spray high-grade 6 34 microcrystals composed of aluminum dioxide across the surface 6 35 of the skin through a pressurized wand. The bill also 7 1 modifies or expands existing definitions for several 7 2 additional terms. 7 3 The bill provides that persons licensed under Code chapter 7 4 157 shall not be authorized to administer any practice of 7 5 removing the skin by means of a razor-edged instrument. 7 6 The bill further provides that in addition to existing 7 7 requirements for licensure, specified licensees shall be 7 8 required to submit a written application and proof of 7 9 additional training and certification for approval by the 7 10 board to administer designated services. For a licensed 7 11 esthetician, the services include use of microdermabrasion or 7 12 a certified laser product utilized for the purpose of 7 13 exfoliating the skin, application of permanent makeup or 7 14 cosmetic micropigmentation, and the administration of chemical 7 15 peels. For a licensed cosmetologist, the services include use 7 16 of microdermabrasion or a certified laser product utilized for 7 17 the purpose of exfoliating the skin. The bill provides that a 7 18 cosmetologist licensed after July 1, 2004, shall not use 7 19 microdermabrasion procedures or certified laser products. The 7 20 bill also provides that a cosmetologist shall not be 7 21 authorized to administer chemical peels. The bill 7 22 additionally provides that a licensed electrologist having 7 23 received additional training on the use of a certified laser 7 24 product for the purpose of hair removal shall submit a written 7 25 application and proof of additional training and certification 7 26 for approval by the board. Finally, the bill provides that 7 27 any additional training received by a licensed esthetician, 7 28 cosmetologist, or electrologist and submitted to the board 7 29 relating to utilization of a certified laser product shall 7 30 include a safety training component. The bill provides that 7 31 it is unlawful for a person to employ a licensed 7 32 cosmetologist, esthetician, or electrologist who has not 7 33 received this additional training prior to performance of the 7 34 specified services, and makes such a violation subject to the 7 35 penalty provisions of Code sections 157.9 and 157.15. 8 1 The bill provides that an annual inspection of each school 8 2 of cosmetology arts and sciences, including the educational 8 3 activities of each school, may be conducted and completed by 8 4 either the board or a designee of the board prior to renewal 8 5 of the license. 8 6 The bill provides that it is unlawful for persons licensed 8 7 under Code chapter 157 to perform massage therapy unless the 8 8 massage is included as part of a manicure, pedicure, facial, 8 9 or cosmetology practice. 8 10 LSB 1168DP 80 8 11 rn/cf/24.2
Text: HSB00282 Text: HSB00284 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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