Text: HSB00623 Text: HSB00625 Text: HSB00600 - HSB00699 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 and as specified by rule. 1 6 NEW SUBSECTION. 1B. "Chemical exfoliation" means the 1 7 removal of surface epidermal cells of the skin by using only 1 8 nonmedical strength cosmetic preparations consistent with 1 9 labeled instructions and as 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, press 1 15 and curl hair straightening, shampooing, cutting, singeing, 1 16 bleaching, coloring, or similar works, upon the hair of any 1 17 person; or upon a wig or hairpiece when done in conjunction 1 18 with haircutting or hairstyling by 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 epidermal surface. 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 nonmedical 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 epidermal cells are removed from the 3 1 skin. 3 2 NEW SUBSECTION. 9B. "General supervision" means the 3 3 supervising physician is not onsite for laser procedures 3 4 conducted on minors, but is available for direct 3 5 communication, either in person or by telephone, radio, 3 6 radiotelephone, television, or similar means. 3 7 NEW SUBSECTION. 10A. "Laser" means light amplification by 3 8 the stimulated emission of radiation. 3 9 NEW SUBSECTION. 12A. "Mechanical exfoliation" means the 3 10 physical removal of surface epidermal cells by means that 3 11 include but are not limited to brushing machines, granulated 3 12 scrubs, peel-off masques, peeling creams or drying 3 13 preparations that are rubbed off, and microdermabrasion. 3 14 NEW SUBSECTION. 12B. "Microdermabrasion" means mechanical 3 15 exfoliation using an abrasive material or apparatus to remove 3 16 surface epidermal cells with a machine which is specified by 3 17 rule. 3 18 NEW SUBSECTION. 12C. "Minor" means an unmarried person 3 19 who is under the age of eighteen years. 3 20 NEW SUBSECTION. 18. "Physician" means a person licensed 3 21 in Iowa to practice medicine and surgery, osteopathic medicine 3 22 and surgery, or osteopathy. 3 23 Sec. 7. Section 157.2, Code 2003, is amended by adding the 3 24 following new subsections: 3 25 NEW SUBSECTION. 3. Persons licensed under this chapter 3 26 shall not administer any practice of removing the skin by 3 27 means of a razor-edged instrument. 3 28 NEW SUBSECTION. 4. With the exception of hair removal, 3 29 manicuring, and nail technology services, persons licensed 3 30 under this chapter shall not administer any procedure in which 3 31 human tissue is cut, shaped, vaporized, or otherwise 3 32 structurally altered. 3 33 Sec. 8. NEW SECTION. 157.3A LICENSE REQUIREMENTS – 3 34 ADDITIONAL TRAINING. 3 35 In addition to the license requirements of section 157.3, 4 1 as provided in this section, a written application and proof 4 2 of additional training and certification shall be required 4 3 prior to approval by the board for the provision of the 4 4 services described in this section. 4 5 1. a. A licensed esthetician, who intends to provide 4 6 services pursuant to section 157.1, subsection 9, paragraphs 4 7 "a" and "c", having received additional training on the use of 4 8 microdermabrasion or a certified laser product shall submit a 4 9 written application and proof of additional training and 4 10 certification for approval by the board. Training shall be 4 11 specific to the service provided or certified laser product 4 12 used. 4 13 b. A licensed esthetician who applies permanent makeup or 4 14 cosmetic micropigmentation shall comply with the provisions of 4 15 section 135.37 and applicable rules. 4 16 c. Extractions shall be administered only by a licensed 4 17 esthetician who has been trained in extraction procedures. 4 18 d. Chemical peels shall be administered only by a licensed 4 19 esthetician who has been certified by the manufacturer of the 4 20 product being used. 4 21 2. a. A licensed cosmetologist having received additional 4 22 training in the use of chemical peels, microdermabrasion, or a 4 23 certified laser product shall submit a written application and 4 24 proof of additional training and certification for approval by 4 25 the board. A cosmetologist who is licensed after July 1, 4 26 2005, shall not be eligible to provide chemical peels, 4 27 practice microdermabrasion procedures, or use certified laser 4 28 products. 4 29 b. A licensed cosmetologist who applies permanent makeup 4 30 or cosmetic micropigmentation shall comply with the provisions 4 31 of section 135.37 and applicable rules. 4 32 3. A licensed electrologist having received additional 4 33 training on the use of a certified laser product for the 4 34 purpose of hair removal shall submit a written application and 4 35 proof of additional training and certification for approval by 5 1 the board. 5 2 4. Any additional training received by a licensed 5 3 esthetician, cosmetologist, or electrologist and submitted to 5 4 the board relating to utilization of a certified laser product 5 5 shall include a safety training component which provides a 5 6 thorough understanding of the procedures being performed. The 5 7 training program shall address fundamentals of nonbeam 5 8 hazards, management and employee responsibilities relating to 5 9 control measures, and regulatory requirements. 5 10 5. A certified laser product shall only be used on surface 5 11 epidermal layers of the skin except for hair removal. 5 12 Sec. 9. NEW SECTION. 157.5 CONSENT AND REPORTING 5 13 REQUIREMENTS. 5 14 1. A licensed cosmetologist, esthetician, or electrologist 5 15 who provides services relating to the use of a certified laser 5 16 product, chemical peel, or microdermabrasion, shall obtain a 5 17 consent in writing prior to the administration of the 5 18 services. A consent in writing shall create a presumption 5 19 that informed consent was given if the consent: 5 20 a. Sets forth in general terms the nature and purpose of 5 21 the procedure or procedures, together with the known risks 5 22 associated with the procedure or procedures, if reasonably 5 23 determinable. 5 24 b. Acknowledges that the disclosure of that information 5 25 has been made and that all questions asked about the procedure 5 26 or procedures have been answered in a satisfactory manner. 5 27 c. Is signed by the client for whom the procedure is to be 5 28 performed, or if the client for any reason lacks legal 5 29 capacity to consent, is signed by a person who has legal 5 30 authority to consent on behalf of that client in those 5 31 circumstances. 5 32 2. A licensed cosmetologist, esthetician, or electrologist 5 33 who provides services related to the use of a certified laser 5 34 product, chemical peel, or microdermabrasion, shall submit a 5 35 report to the board within thirty days of any incident 6 1 involving the provision of such services which results in 6 2 physical injury requiring medical attention. Failure to 6 3 comply with this section shall result in disciplinary action 6 4 being taken by the board. 6 5 Sec. 10. Section 157.8, subsection 1, Code 2003, is 6 6 amended to read as follows: 6 7 1. It is unlawful for a school of cosmetology arts and 6 8 sciences to operate unless the owner has obtained a license 6 9 issued by the department. The owner shall file a verified 6 10 application with the department on forms prescribed by the 6 11 board. The application for a license for a school shall be 6 12 accompanied by the annual license fee determined pursuant to 6 13 section 147.80 and shall state the name and location of the 6 14 school and such other additional information as the board may 6 15 require. The license is valid for one year and may be 6 16 renewed. A license for a school of cosmetology arts and 6 17 sciences shall not be issued for any space in any location 6 18 where the same space is also licensed as a barber school. The 6 19 school of cosmetology arts and sciences must pass a sanitary 6 20 inspection under section 157.6. An annual inspection of each 6 21 school of cosmetology arts and sciences, including the 6 22 educational activities of each school, shall be conducted and 6 23 completed by the board or its designee prior to renewal of the 6 24 license. 6 25 Sec. 11. NEW SECTION. 157.12A USE OF LASER PRODUCTS ON 6 26 MINORS. 6 27 A laser hair removal product or device shall not be used on 6 28 a minor unless the minor is accompanied by a parent or 6 29 guardian and only under the general supervision of a 6 30 physician. 6 31 Sec. 12. Section 157.13, subsection 1, Code 2003, is 6 32 amended to read as follows: 6 33 1. It is unlawful for a person to employ an individual to 6 34 practice cosmetology arts and sciences unless that individual 6 35 is licensed or has obtained a temporary permit under this 7 1 chapter. It is unlawful for a licensee to practice with or 7 2 without compensation in any place other than a licensed salon, 7 3 a licensed school of cosmetology arts and sciences, or a 7 4 licensed barbershop as defined in section 158.1, except that a 7 5 licensee may practice at a location which is not a licensed 7 6 salon or school of cosmetology arts and sciences under 7 7 extenuating circumstances arising from physical or mental 7 8 disability or death of a customer. It is unlawful for a 7 9 licensee to claim to be a licensed barber, but it is lawful 7 10 for a licensed cosmetologist to work in a licensed barbershop. 7 11 It is unlawful for a person to employ a licensed 7 12 cosmetologist, esthetician, or electrologist to perform the 7 13 services described in section 157.3A if the licensee has not 7 14 received the additional training and met the other 7 15 requirements specified in section 157.3A. 7 16 Sec. 13. Section 157.13, Code 2003, is amended by adding 7 17 the following new subsection: 7 18 NEW SUBSECTION. 3. If the board has reasonable grounds to 7 19 believe that a person or establishment which is not licensed 7 20 under this chapter has engaged, or is about to engage, in an 7 21 act or practice which requires licensure under this chapter, 7 22 or otherwise violates a provision of this chapter, the board 7 23 may issue an order to require the unlicensed person or 7 24 establishment to comply with the provisions of this chapter, 7 25 and may impose a civil penalty not to exceed one thousand 7 26 dollars for each violation of this chapter by an unlicensed 7 27 person or establishment. Each day of a continued violation 7 28 after an order or citation by the board constitutes a separate 7 29 offense, with the maximum penalty not to exceed ten thousand 7 30 dollars. 7 31 a. In determining the amount of a civil penalty, the board 7 32 may consider the following: 7 33 (1) Whether the amount imposed will be a substantial 7 34 economic deterrent to the violation. 7 35 (2) The circumstances leading to or resulting in the 8 1 violation. 8 2 (3) The severity of the violation and the risk of harm to 8 3 the public. 8 4 (4) The economic benefits gained by the violator as a 8 5 result of noncompliance. 8 6 (5) The welfare or best interest of the public. 8 7 b. The board may conduct an investigation as needed to 8 8 determine whether probable cause exists to initiate the 8 9 proceedings described in this subsection. Before issuing an 8 10 order or citation under this section, the board shall provide 8 11 written notice and the opportunity to request a hearing on the 8 12 record. The hearing must be requested within thirty days of 8 13 the issuance of the notice and shall be conducted as provided 8 14 in chapter 17A. The board may, in connection with a 8 15 proceeding under this section, issue subpoenas to compel the 8 16 attendance and testimony of witnesses and the disclosure of 8 17 evidence and may request the attorney general to bring an 8 18 action to enforce the subpoena. 8 19 c. A person aggrieved by the imposition of a civil penalty 8 20 under this section may seek judicial review in accordance with 8 21 section 17A.19. The board shall notify the attorney general 8 22 of the failure to pay a civil penalty within thirty days after 8 23 entry of an order pursuant to this subsection, or within ten 8 24 days following final judgment in favor of the board if an 8 25 order has been stayed pending appeal. The attorney general 8 26 may commence an action to recover the amount of the penalty, 8 27 including reasonable attorney fees and costs. An action to 8 28 enforce an order under this subsection may be joined with an 8 29 action for an injunction. 8 30 EXPLANATION 8 31 This bill provides for technical and substantive changes 8 32 relating to the practice of cosmetology. 8 33 The bill provides new definitions for several terms. The 8 34 bill provides that "chemical exfoliation" means exfoliation of 8 35 the skin by using only nonmedical strength cosmetic 9 1 preparations consistent with labeled instructions and as 9 2 specified in applicable administrative rules, that a 9 3 "certified laser product" means a product which is certified 9 4 by a manufacturer pursuant to the requirements of 21 C.F.R. 9 5 pt. 1040 and as specified in applicable administrative rules, 9 6 and that "depilatory" means an agent used for the temporary 9 7 removal of superfluous hair by dissolving it at the epidermal 9 8 surface of the skin. The bill also provides that 9 9 "exfoliation" means the process whereby the superficial 9 10 epidermal cells are removed from the skin, that "general 9 11 supervision" means the supervising physician is not onsite for 9 12 laser procedures conducted on minors, but is available for 9 13 direct communication, either in person or by telephone, radio, 9 14 radiotelephone, television, or similar means, and that "laser" 9 15 means light amplification by the stimulated emission of 9 16 radiation. The bill additionally provides that "mechanical 9 17 exfoliation" means the physical removal of surface epidermal 9 18 cells by means that include but are not limited to brushing 9 19 machines, granulated scrubs, peel-off masques, peeling creams 9 20 or drying preparations that are rubbed off, and 9 21 microdermabrasion, and defines "microdermabrasion" to mean 9 22 mechanical exfoliation using an abrasive material or apparatus 9 23 to remove surface epidermal cells with a machine. 9 24 The bill defines minor to mean an unmarried person who is 9 25 under the age of 18 years, and provides that a physician means 9 26 a person licensed in Iowa to practice medicine and surgery, 9 27 osteopathic medicine and surgery, or osteopathy. The bill 9 28 also modifies or expands existing definitions for several 9 29 additional terms. 9 30 The bill provides that persons licensed under Code chapter 9 31 157 shall not be authorized to administer any practice of 9 32 removing the skin by means of a razor-edged instrument or 9 33 administer any procedure in which human tissue is cut, shaped, 9 34 vaporized, or otherwise structurally altered, other than hair 9 35 removal, manicuring, and nail technology services. 10 1 The bill further provides that in addition to existing 10 2 requirements for licensure, specified licensees shall be 10 3 required to submit a written application and proof of 10 4 additional training and certification for approval by the 10 5 board to administer designated services. For a licensed 10 6 esthetician, the services include use of a certified laser 10 7 product or microdermabrasion which is utilized for the purpose 10 8 of exfoliating the skin, application of permanent makeup or 10 9 cosmetic micropigmentation, and the administration of chemical 10 10 peels. For a licensed cosmetologist, the services include use 10 11 of chemical peels, a certified laser product, or 10 12 microdermabrasion utilized for the purpose of exfoliating the 10 13 skin. The bill provides that a cosmetologist licensed after 10 14 July 1, 2005, shall not use chemical peels, microdermabrasion 10 15 procedures, or certified laser products. The bill 10 16 additionally provides that a licensed electrologist having 10 17 received additional training on the use of a certified laser 10 18 product for the purpose of hair removal shall submit a written 10 19 application and proof of additional training and certification 10 20 for approval by the board. The bill provides that any 10 21 additional training received by a licensed esthetician, 10 22 cosmetologist, or electrologist and submitted to the board 10 23 relating to utilization of a certified laser product shall 10 24 include a safety training component. The bill provides that 10 25 it is unlawful for a person to employ a licensed 10 26 cosmetologist, esthetician, or electrologist who has not 10 27 received this additional training prior to performance of the 10 28 specified services, and makes such a violation subject to the 10 29 penalty provisions of Code sections 157.9 and 157.15. 10 30 Additionally, the bill provides that a licensed 10 31 cosmetologist, esthetician, or electrologist who provides 10 32 services relating to the use of a certified laser product, 10 33 chemical peel, or microdermabrasion shall obtain a consent in 10 34 writing prior to the administration of the services, creating 10 35 a presumption that informed consent was given if specified 11 1 criteria are met. The bill also provides that a licensed 11 2 cosmetologist, esthetician, or electrologist who provides 11 3 services related to the use of a certified laser product, 11 4 chemical peel, or microdermabrasion shall submit a report to 11 5 the board within 30 days of any incident which results in 11 6 physical injury requiring medical attention, and provides that 11 7 failure to comply shall result in disciplinary action being 11 8 taken by the board. 11 9 The bill provides that an annual inspection of each school 11 10 of cosmetology arts and sciences, including the educational 11 11 activities of each school, may be conducted and completed by 11 12 either the board or a designee of the board prior to renewal 11 13 of the license. The bill provides that laser hair removal 11 14 products or devices shall not be used on a minor unless the 11 15 minor is accompanied by a parent or guardian and only under 11 16 the general supervision of a physician. 11 17 The bill provides that if the board has reasonable grounds 11 18 to believe that a person or establishment which is not 11 19 licensed under Code chapter 157 has engaged, or is about to 11 20 engage, in an act or practice which requires such licensure, 11 21 or otherwise violates a provision of the chapter, the board 11 22 may issue an order requiring compliance, and may impose a 11 23 civil penalty not to exceed $1,000 per violation, with each 11 24 day of continued violation constituting a separate offense, up 11 25 to a maximum penalty of $10,000. 11 26 LSB 5215DP 80 11 27 rn/cf/24
Text: HSB00623 Text: HSB00625 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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