H-1270

   Amend House File 652, as amended, passed, and reprinted by the House, as follows:
   1.  Page 1, lines 18 and 19, by striking <cosmetologists, at least one of whom is also a licensed instructor of cosmetology arts and sciences;> and inserting <cosmetologists; one member who is a licensed instructor of barbering and cosmetology arts and sciences;>
   2.  Page 1, line 21, after <of> by inserting <barbering and>
   3.  Page 1, line 23, before <cosmetology> by inserting <barbering and>
   4.  By striking page 1, line 33, through page 2, line 15, and inserting: 
   <NEW SUBSECTION.  001.  “Barbering and cosmetology” means all of the following practices performed for cosmetic purposes and not for the treatment of disease of physical or mental ailments:
   a.  Curling, waving, press and curl hair straightening, shampooing, cutting, singeing, bleaching, coloring, hair body processing, blow waving, hair relaxing, applying hair tonics, or similar works, upon the hair or beard of any person, or upon a wig or hairpiece when done in conjunction with haircutting or hairstyling by any means.
   b.  Massaging, cleansing, stimulating, exercising, or beautifying the superficial epidermis of the scalp, face, neck, arms, hands, legs, feet, or upper body of any person with the hands or mechanical or electrical apparatus or appliances or with the use of cosmetic preparations, including cleansers, toners, moisturizers, masques, antiseptics, powders, oils, clays, waxes, or lotions.
   c.  Removing superfluous hair from the face or body of a person with the use of depilatories, wax, sugars, or tweezing.
   d.  Applying makeup or eyelashes, tinting of lashes or brows, or lightening of hair on the face or body.
   e.  Cleansing, shaping, or polishing the fingernails, applying sculptured nails, nail extensions, wraps, overlays, nail art, or any other nail technique to the fingernails or toenails of a person.
   f.  Shaving or trimming for hair removal by the use of a straight edge razor.
   NEW SUBSECTION.  0001.  “Barbering and cosmetology arts and sciences” means any or all of the following disciplines performed with or without compensation by a licensee:
   a.  Barbering and cosmetology.
   b.  Electrology.
   c.  Esthetics.
   d.  Nail technology.>
   5.  Page 2, line 18, before <cosmetology> by inserting <barbering and>
   6.  Page 2, line 20, by striking <subsections 1 and 4,> and inserting <subsections 1, 4, and 15,>
   7.  Page 2, line 25, by striking <cosmetology,> and inserting <cosmetology, barbering and cosmetology arts and sciences>
   8.  Page 2, line 27, by striking <cosmetology> and inserting <cosmetology barbering and cosmetology arts and sciences>
   9.  Page 2, after line 30 by inserting: 
   <15.  “Instructor” means a person licensed for the purpose of teaching barbering and cosmetology arts and sciences.>
   10.  By striking page 2, line 31, through page 3, line 7, and inserting: 
   <Sec. ___.  Section 157.1, subsections 5 and 6, Code 2023, are amended by striking the subsections.>
   11.  Page 3, line 15, before <cosmetology> by inserting <barbering and>
   12.  Page 3, before line 16 by inserting: 
   <Sec. ___.  Section 157.2, subsection 1, unnumbered paragraph 1, Code 2023, is amended to read as follows:
   It is unlawful for a person to practice barbering and cosmetology arts and sciences with or without compensation unless the person possesses a license issued under section 157.3. However, practices listed in section 157.1 when performed by the following persons are not defined as the practice of barbering and cosmetology arts and sciences:>
   13.  Page 3, after line 17 by inserting: 
   <Sec. ___.  Section 157.2, subsection 1, paragraphs c and e, Code 2023, are amended to read as follows:
   c.  Students enrolled in licensed schools of barbering and cosmetology arts and sciences or barber schools who are practicing under the instruction or immediate supervision of an instructor.
   e.  Employees of hospitals, health care facilities, orphans’ homes, juvenile homes, and other similar facilities who perform barbering and cosmetology services for any resident without receiving direct compensation from the person receiving the service.>
   14.  Page 3, after line 24 by inserting: 
   <Sec. ___.  Section 157.2, subsection 3, Code 2023, is amended by striking the subsection.>
   15.  Page 3, by striking lines 27 through 31 and inserting: 
   <An applicant who has graduated from high school or its equivalent shall be issued a license to practice any of the barbering and cosmetology arts and sciences by the department when the applicant satisfies all of the following:>
   16.  Page 3, line 32, by striking <paragraph a> and inserting <paragraphs a and c>
   17.  Page 3, line 33, by striking <is> and inserting <are>
   18.  Page 4, after line 10 by inserting: 
   <c.  Passes an examination prescribed by the board. The examination may include both practical demonstrations and written or oral tests and shall not be confined to any specific system or method. However, a member of the board who is a licensed instructor of barbering and cosmetology arts and sciences shall not be involved in the selection or administration of the exam.
   Sec. ___.  Section 157.3, subsection 2, Code 2023, is amended to read as follows:
   2.  Notwithstanding subsection 1, a person who completes the application form prescribed by the board and who submits satisfactory proof of having been licensed in a practice of the barbering and cosmetology arts and sciences in another state for at least twelve months in the twenty-four month period preceding the submission of the application shall be allowed to take the examination for a license to practice the appropriate practice of the barbering and cosmetology arts and sciences. However, the examination requirement shall be waived for those persons who submit evidence of licensure in another state which has a reciprocal agreement with the state of Iowa under sections 147.44, 147.48, and 147.49.>
   19.  Page 4, by striking lines 11 through 15.
   20.  Page 5, before line 15 by inserting: 
   <Sec. ___.  Section 157.4, subsection 1, Code 2023, is amended to read as follows:
   1.  The department may issue a temporary permit which allows the applicant to practice in the barbering and cosmetology arts and sciences for purposes determined by rule. The board shall determine and state its recommendations and the length of time the temporary permit issued under this subsection is valid.
   Sec. ___.  Section 157.4, subsection 3, unnumbered paragraph 1, Code 2023, is amended to read as follows:
   Notwithstanding section 157.13, subsection 1, the board may issue a temporary permit to practice in the barbering and cosmetology arts and sciences for the purpose of demonstrating barbering and cosmetology arts and sciences services to the public or for providing barbering and cosmetology arts and sciences services to the public at not-for-profit events. A permit issued pursuant to this subsection shall be subject to the following requirements:>
   21.  Page 5, line 15, by striking <paragraph a,> and inserting <paragraphs a, b, and g,>
   22.  Page 5, line 16, by striking <is> and inserting <are>
   23.  Page 5, after line 19 by inserting: 
   <b.  The permit shall be posted and visible to the public at the location where the barbering and cosmetology arts and sciences services are provided.
   g.  A person providing barbering and cosmetology arts and sciences services at a not-for-profit event shall hold a current license to practice barbering and cosmetology arts and sciences.
   Sec. ___.  Section 157.4B, subsection 1, paragraph a, Code 2023, is amended to read as follows:
   a.  Advertise or market barbering or cosmetology services.>
   24.  Page 6, line 9, before <cosmetology> by inserting <barbering and>
   25.  Page 6, line 11, before <cosmetology> by inserting <barbering and>
   26.  Page 7, after line 7 by inserting: 
   <Sec. ___.  Section 157.8, subsection 3, paragraph c, Code 2023, is amended to read as follows:
   c.  A person employed as an instructor in the barbering and cosmetology arts and sciences by a licensed school shall be licensed in the practice and shall possess a separate instructor’s license which shall be renewed biennially. An instructor shall file an application with the department on forms prescribed by the board. Requirements for licensure as an instructor shall be determined by the board by rule.>
   27.  By striking page 7, line 22, through page 8, line 18, and inserting: 
   <Sec. ___.  Section 157.10, Code 2023, is amended to read as follows:
   157.10  Course of study.
   1.  a.  The course of study required for licensure for the practice of barbering and cosmetology shall be two thousand one hundred clock hours, or seventy a minimum of one thousand five hundred fifty clock hours, or fifty-one semester credit hours or the equivalent thereof as determined pursuant to administrative rule and regulations promulgated by the United States department of education. The clock hours, and equivalent number of semester credit hours or the equivalent thereof as determined pursuant to administrative rule and regulations promulgated by the United States department of education, of a course of study required for licensure for the practices of electrology, and esthetics, nail technology, manicuring, and pedicuring shall be established by the board. The board shall adopt rules to define the course and content of study for each practice of cosmetology arts and sciences.
   b.  The course of study required for licensure which is limited to the practice of esthetics shall be a minimum of six hundred hours.
   c.  The course of study required for licensure which is limited to the practice of nail technology shall be a minimum of three hundred twenty-five hours.
   2.  A person licensed in or a student of a practice of barbering and cosmetology arts and sciences shall be granted full credit for each course successfully completed which meets the requirements for licensure in another practice of barbering and cosmetology arts and sciences.
   3.  A barber licensed under chapter 158 or a student in a barber school who applies for licensure in a practice of cosmetology arts and sciences or who enrolls in a school of barbering and cosmetology arts and sciences shall be granted, at the discretion of the school, at least half credit and up to full credit for each course successfully completed for licensure as a barber in the practice of barbering which meets the requirements for licensure in a practice of barbering and cosmetology arts and sciences.>
   28.  Page 8, line 33, before <cosmetology> by inserting <barbering and>
   29.  Page 8, line 34, before <cosmetology> by inserting <barbering and>
   30.  Page 9, before line 1 by inserting: 
   <Sec. ___.  Section 157.12, Code 2023, is amended to read as follows:
   157.12  Supervisors.
   A person who directly supervises the work of practitioners of barbering and cosmetology arts and sciences shall be licensed in the practice supervised or a barber licensed under section 158.3.>
   31.  Page 9, line 25, before <cosmetology> by inserting <barbering and>
   32.  Page 9, line 33, by striking <paragraph a,> and inserting <paragraphs a and b,>
   33.  Page 9, line 34, by striking <is> and inserting <are>
   34.  Page 10, after line 5 by inserting: 
   <b.  Notwithstanding section 157.12, when the licensee is employed by a physician and provides barbering and cosmetology services at the place of practice of a physician and is under the supervision of a physician licensed to practice pursuant to chapter 148.>
   35.  Page 10, lines 8 and 9, by striking <It is unlawful for a licensee to claim to be a licensed barber unless the licensee is a licensed barber, however a> and inserting <It is unlawful for a licensee to claim to be a licensed barber, however a A>
   36.  Page 13, line 11, by striking <hairstyling> and inserting <cosmetology>
   37.  Page 13, line 12, by striking <hairstyling> and inserting <cosmetology>
   38.  By renumbering as necessary.