ARC 5557C
PROFESSIONAL LICENSURE DIVISION[645]
Notice of Intended Action
Proposing rule making related to mobile barbershops
and providing an opportunity for public comment
The Board of Barbering hereby proposes to amend Chapter 21, “Licensure,” Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is proposed under the authority provided in Iowa Code section 158.15.
State or Federal Law Implemented
This rule making implements, in whole or in part, 2020 Iowa Acts, Senate File 155.
Purpose and Summary
These proposed amendments implement changes recommended and required by 2020 Iowa Acts, Senate File 155, for licensing mobile barbershops. The proposed amendments were approved by the Board on March 15, 2021.
Fiscal Impact
This rule making has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rule making, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 645—Chapter 18.
Public Comment
Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board of Barbering no later than 4:30 p.m. on April 27, 2021. Comments should be directed to:

Venus Vendoures Walsh
Professional Licensure Division
Lucas State Office Building
321 East 12th Street
Des Moines, Iowa 50319
Phone: 515.281.0254
Fax: 515.281.3121
Email: venus.vendoures-walsh@idph.iowa.gov	
Public Hearing
A public hearing at which persons may present their views orally or in writing will be held as follows:

April 27, 2021
9 to 9:30 a.m.	Webex ID: 187 695 5387
Password: WVmaFmQ*768
(US) +1 408.418.9388 (toll)
Access Code: 187 695 5387	
Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing.
Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
The following rule-making actions are proposed:
	Item 1. Amend rule 645—21.11(158) as follows:
645—21.11(158) Requirements for a barbershop license.
	21.11(1) A barbershop shall not operate unless the owner of the barbershop possesses a current barbershop license issued by the board. The following criteria shall apply to licensure:
	a.  and b.  No change.
	c. 	A barbershop license may be for a stationary barbershop or a mobile barbershop.
	(1)	Stationary barbershop. A stationary barbershop license shall be issued for a specific location. A change in location or site of a stationary barbershop shall result in the cancellation of the existing license and necessitate application for a new license and payment of the fee required by 645—subrule 5.2(8). A change of address without change of actual location shall not be construed as a new site.
	(2)	Mobile barbershop. A mobile barbershop license shall be issued for a permanent physical address. The licensee is required to provide a permanent physical address for board correspondence. A mobile barbershop may operate in a legal parking spot or on private property, with the permission of the owner or the owner’s designee, anywhere in the state of Iowa provided the mobile barbershop is operating in compliance with applicable federal and state transportation, environmental, and sanitary regulations, including those herein.
	(3)	Barbershop owner’s contact information. The listed owner of either a stationary or mobile barbershop must update the board within 30 days of a change in contact information, which includes telephone number, email address, and mailing address.
	d.  to g.  No change.
	21.11(2)  No change.
	Item 2. Adopt the following new rule 645—21.19(158):
645—21.19(158) Mobile barbershops. A mobile home, motor home, trailer, or other recreational vehicle may be used as a mobile barbershop if it complies with the following:
	21.19(1) The owner shall possess a current mobile barbershop license issued by the board.
	21.19(2) The owner shall complete a board-approved application.
	21.19(3) The mobile barbershop’s owner’s telephone number, email address, and permanent address must be included on the mobile barbershop’s application for licensure and must be updated and accurate.
	21.19(4) No service may be performed on a client in a moving vehicle. Services shall be performed in a mobile salon or barbershop that is parked in a legal parking spot.
	21.19(5) Mobile barbershops must provide:
	a. 	A supply of hot and cold water;
	b. 	Adequate lighting;
	c. 	A floor surface in the service area that is nonabsorbent and easily cleanable;
	d. 	Work surfaces that are easily cleaned;
	e. 	Cabinets secured with safety catches wherein all chemicals shall be stored when the vehicle is moving;
	f. 	A first-aid kit that includes adhesive dressing, gauze and antiseptic, tape, triple antibiotics, eyewash, and gloves.
	21.19(6) Mobile barbershops must comply with all rules in 645—Chapter 22, Infection Control for Barbershops and Barber Schools, except rules 645—22.5(158) through 645—22.7(158).