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
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#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
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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
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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
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