S-3142

   Amend Senate File 551 as follows:
   1.  By striking everything after the enacting clause and inserting: 
   <Section 1.  Section 157.2, subsection 1, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  h.  Persons providing services pursuant to an establishment training program authorized pursuant to section 157.12D.
   Sec. 2.  Section 157.2, subsection 3, Code 2025, is amended to read as follows:
   3.  With the exception of hair removal, manicuring, and nail technology services, persons licensed under this chapter or participating in an establishment training program authorized pursuant to section 157.12D shall not administer any procedure in which human tissue is cut, shaped, vaporized, or otherwise structurally altered.
   Sec. 3.  Section 157.3, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  Notwithstanding subsection 1, a person who completes the application form prescribed by the board and submits satisfactory proof, signed by the supervising licensees, of having completed two thousand hours of supervised practice under an establishment training program pursuant to section 157.12D shall be allowed to take the examination for a license to practice the appropriate practice of the barbering and cosmetology arts and sciences.
   Sec. 4.  Section 157.8A, Code 2025, is amended to read as follows:
   157.8A  Use of schools of barbering and cosmetology arts and sciences.
   1.  A school of barbering and cosmetology arts and sciences may be used for purposes other than student instruction so long as the other activities do not disrupt classes.
   2.  An instructor employed by a school of barbering and cosmetology arts and sciences may perform barbering and cosmetology arts and sciences services at the school of barbering and cosmetology arts and sciences for compensation while not instructing students.
   3.  The board shall adopt rules for the implementation of this section.
   Sec. 5.  Section 157.10, subsection 1, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  The board may approve a course of study allowing a student to simultaneously study for licenses to practice both esthetics and nail technology. A student who partially completes a combined course of study for licensure for the practice of esthetics and nail technology is not eligible for licensure for the practice of esthetics or nail technology unless the student has completed the licensure requirements for the practice of esthetics or nail technology. The board shall adopt rules pursuant to chapter 17A for the implementation of this paragraph.
   Sec. 6.  Section 157.10, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  The board shall not approve a program of study that includes a course of study with substantially lower requirements than the requirements imposed by this chapter or the board for a similar license. 
   Sec. 7.  Section 157.11, subsection 3, Code 2025, is amended to read as follows:
   3.  A licensed school of barbering and cosmetology arts and sciences at which students or licensees practice barbering and cosmetology arts and sciences is exempt from licensing as an establishment.
   Sec. 8.  NEW SECTION.  157.12D  Establishment training program.
   1.  An establishment training program is created. The board shall create an establishment training program and allow establishments to register to participate in the program. An establishment licensed pursuant to section 157.11, including an establishment operating in a residence pursuant to section 157.6 may participate in the program by registering with the board.
   2.  An establishment that registers with the board may employ persons, without regard to the person’s licensure status, to provide the services of shampooing, cutting, coloring, and styling hair under the supervision of a licensee who regularly provides the services. A person providing services without a license must first complete two hours of education related to barbering and cosmetology laws in this state and rules and sanitation, as determined by the board by rule, before offering services permitted under the program. The establishment owner is responsible for ensuring the education, training, skills, and competence of persons who provide services in the owner’s establishment.
   3.  An establishment participating in the establishment training program shall comply with all facility and minimum equipment requirements, safety and infection control provisions, inspection requirements, management requirements, and establishment licensing renewal requirements. The department shall inspect an establishment participating in the program as the department deems necessary to ensure compliance with these requirements.
   4.  The establishment shall disclose in writing prior to the consumer’s receipt of services from an unlicensed provider that the establishment is participating in the program and that the provider is not licensed. The disclosure shall be clearly legible and state: “This licensed establishment is registered to participate in an establishment training program. This establishment employs unlicensed providers who work under the supervision of licensed providers. The services you are receiving are from an unlicensed provider participating in this program.”
   5.  In addition to any other remedy provided by law, in an action based on an injury alleged to have occurred in an establishment participating in the establishment training program, a prevailing party may recover reasonable attorney’s fees and receive other equitable relief as determined by the court.
   6.  In addition to any other disciplinary powers established pursuant to this chapter, the board may, when it has probable cause to believe that human health is endangered, order an establishment participating in the program to immediately cease participation in the program. The board shall conduct formal proceedings pursuant to this chapter to determine whether the problem has been corrected, whether to suspend, revoke, or reinstate the establishment’s participation in the program, and whether to suspend, revoke, or reinstate the establishment’s license.
   7.  For the purposes of this section, “supervision” means within the physical presence of a licensee and the licensee is available to assist in providing services.
   Sec. 9.  Section 157.13, subsection 1, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  When the practice is performed by a person without a license under the supervision of a licensee in an establishment registered with the board pursuant to section 157.12D.
   Sec. 10.  Section 157.13, subsection 4, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   If the board has reasonable grounds to believe that a person or establishment which is not licensed under this chapter and that is not participating in an establishment training program pursuant to section 157.12D has engaged, or is about to engage, in an act or practice which requires licensure under this chapter, or otherwise violates a provision of this chapter, the board may issue an order to require the unlicensed person or establishment to comply with the provisions of this chapter, and may impose a civil penalty not to exceed one thousand dollars for each violation of this chapter by an unlicensed person or establishment. Each day of a continued violation after an order or citation by the board constitutes a separate offense, with the maximum penalty not to exceed ten thousand dollars.>
   2.  Title page, by striking lines 2 through 4 and inserting <arts and sciences, including establishment training programs, schools of barbering and cosmetology arts and sciences, and course of study.>

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JEFF REICHMAN