House Amendment to Senate Amendment to House File 711 S-3188 Amend the Senate amendment, H-1325, to House File 711, as 1 amended, passed, and reprinted by the House, as follows: 2 1. By striking page 1, line 5, through page 2, line 30, and 3 inserting: 4 < Section 1. Section 157.2, subsection 1, Code 2025, is 5 amended by adding the following new paragraph: 6 NEW PARAGRAPH . h. Persons providing services pursuant to an 7 establishment training program authorized pursuant to section 8 157.12D. 9 Sec. 2. Section 157.2, subsection 3, Code 2025, is amended 10 to read as follows: 11 3. With the exception of hair removal, manicuring, and nail 12 technology services, persons licensed under this chapter or 13 participating in an establishment training program authorized 14 pursuant to section 157.12D shall not administer any procedure 15 in which human tissue is cut, shaped, vaporized, or otherwise 16 structurally altered. 17 Sec. 3. Section 157.3, Code 2025, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 3. Notwithstanding subsection 1, a person 20 who submits satisfactory proof, signed by the supervising 21 licensees, of having completed two thousand hours of supervised 22 practice under an establishment training program pursuant to 23 section 157.12D shall be allowed to take the examination for a 24 license to practice the appropriate practice of the barbering 25 and cosmetology arts and sciences. 26 Sec. 4. Section 157.8A, Code 2025, is amended to read as 27 follows: 28 157.8A Use of schools of barbering and cosmetology arts and 29 sciences. 30 1. A school of barbering and cosmetology arts and sciences 31 may be used for purposes other than student instruction so long 32 as the other activities do not disrupt classes. 33 2. An instructor employed by a school of barbering and 34 cosmetology arts and sciences may perform barbering and 35 -1- H 1325.2118.H (2) 91 md 1/ 4 #1.
cosmetology arts and sciences services at the school of 1 barbering and cosmetology arts and sciences for compensation 2 while not instructing students. 3 3. The board shall adopt rules for the implementation of 4 this section . 5 Sec. 5. Section 157.10, subsection 1, Code 2025, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . d. The board may approve a course of study 8 allowing a student to simultaneously study for licenses to 9 practice both esthetics and nail technology. A student who 10 partially completes a combined course of study for licensure 11 for the practice of esthetics and nail technology is not 12 eligible for licensure for the practice of esthetics or nail 13 technology unless the student has completed the licensure 14 requirements for the practice of esthetics or nail technology. 15 The board shall adopt rules pursuant to chapter 17A for the 16 implementation of this paragraph. 17 Sec. 6. Section 157.11, subsection 3, Code 2025, is amended 18 to read as follows: 19 3. A licensed school of barbering and cosmetology arts and 20 sciences at which students or licensees practice barbering and 21 cosmetology arts and sciences is exempt from licensing as an 22 establishment. 23 Sec. 7. NEW SECTION . 157.12D Establishment training 24 program. 25 1. An establishment training program is created. The 26 board shall create an establishment training program and allow 27 establishments to register to participate in the program. An 28 establishment licensed pursuant to section 157.11, including 29 an establishment operating in a residence pursuant to section 30 157.6 may participate in the program by registering with the 31 board. 32 2. An establishment that registers with the board may employ 33 persons, without regard to the person’s licensure status, to 34 provide services that would otherwise require a license under 35 -2- H 1325.2118.H (2) 91 md 2/ 4
this chapter under the supervision of a licensee who regularly 1 provides those services. A person providing services without 2 a license must first complete two hours of education related 3 to barbering and cosmetology laws in this state and rules and 4 sanitation, as determined by the board by rule, before offering 5 services permitted under the program. The establishment owner 6 is responsible for ensuring the education, training, skills, 7 and competence of persons who provide services in the owner’s 8 establishment. 9 3. An establishment participating in the establishment 10 training program shall comply with all facility and minimum 11 equipment requirements, safety and infection control 12 provisions, inspection requirements, management requirements, 13 and establishment licensing renewal requirements. The 14 department shall inspect an establishment participating in the 15 program as the department deems necessary to ensure compliance 16 with these requirements. 17 4. The establishment shall disclose in writing prior to 18 the consumer’s receipt of services from an unlicensed provider 19 that the establishment is participating in the program and 20 that the provider is not licensed. The disclosure shall be 21 clearly legible and state: “This licensed establishment is 22 registered to participate in an establishment training program. 23 This establishment employs unlicensed providers who work under 24 the supervision of licensed providers. The services you are 25 receiving are from an unlicensed provider participating in this 26 program.” 27 5. In addition to any other remedy provided by law, in 28 an action based on an injury alleged to have occurred in an 29 establishment participating in the establishment training 30 program, a prevailing party may recover reasonable attorney’s 31 fees and receive other equitable relief as determined by the 32 court. 33 6. In addition to any other disciplinary powers established 34 pursuant to this chapter, the board may, when it has probable 35 -3- H 1325.2118.H (2) 91 md 3/ 4
cause to believe that human health is endangered, order an 1 establishment participating in the program to immediately cease 2 participation in the program. The board shall conduct formal 3 proceedings pursuant to this chapter to determine whether the 4 problem has been corrected, whether to suspend, revoke, or 5 reinstate the establishment’s participation in the program, and 6 whether to suspend, revoke, or reinstate the establishment’s 7 license. 8 7. For the purposes of this section, “supervision” means 9 within the physical presence of a licensee and the licensee is 10 available to assist in providing services. 11 Sec. 8. Section 157.13, subsection 1, Code 2025, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . d. When the practice is performed by a 14 person without a license under the supervision of a licensee in 15 an establishment registered with the board pursuant to section 16 157.12D. 17 Sec. 9. Section 157.13, subsection 4, unnumbered paragraph 18 1, Code 2025, is amended to read as follows: 19 If the board has reasonable grounds to believe that a person 20 or establishment which is not licensed under this chapter and 21 that is not participating in an establishment training program 22 pursuant to section 157.12D has engaged, or is about to engage, 23 in an act or practice which requires licensure under this 24 chapter , or otherwise violates a provision of this chapter , the 25 board may issue an order to require the unlicensed person or 26 establishment to comply with the provisions of this chapter , 27 and may impose a civil penalty not to exceed one thousand 28 dollars for each violation of this chapter by an unlicensed 29 person or establishment. Each day of a continued violation 30 after an order or citation by the board constitutes a separate 31 offense, with the maximum penalty not to exceed ten thousand 32 dollars. > 33 -4- H 1325.2118.H (2) 91 md 4/ 4