Senate File 418 - Introduced SENATE FILE 418 BY SCHNEIDER A BILL FOR An Act relating to the practice of barbering and cosmetology 1 arts and sciences and providing transition provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1681XS (14) 88 ss/lh
S.F. 418 Section 1. Section 10A.104, subsection 14, Code 2019, is 1 amended to read as follows: 2 14. Administer inspections of cosmetology salons under 3 section 157.7 and barbershops under section 158.6 chapter 157 . 4 Sec. 2. Section 147.13, subsection 11, Code 2019, is amended 5 to read as follows: 6 11. For cosmetology arts and sciences, the board of 7 barbering and cosmetology arts and sciences. 8 Sec. 3. Section 147.13, subsection 12, Code 2019, is amended 9 by striking the subsection. 10 Sec. 4. Section 147.14, subsection 1, paragraphs a and n, 11 Code 2019, are amended by striking the paragraphs. 12 Sec. 5. Section 147.14, subsection 1, Code 2019, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . x. For barbering and cosmetology arts and 15 sciences, three members who are licensed cosmetologists; three 16 members who are licensed to practice barbering and hairstyling; 17 one member who is a licensed electrologist, esthetician, or 18 nail technologist; one member who is a licensed instructor of 19 cosmetology arts and sciences or hairstyling at a public or 20 private school and who does not own a school of cosmetology 21 arts and sciences; and four members who are not licensed to 22 practice barbering and hairstyling or licensed in a practice 23 of cosmetology arts and sciences and who shall represent the 24 general public. 25 Sec. 6. Section 147.76, Code 2019, is amended to read as 26 follows: 27 147.76 Rules. 28 The boards for the various professions shall adopt all 29 necessary and proper rules to administer and interpret this 30 chapter and chapters 148 through 158 157 , except chapter 148D . 31 Sec. 7. Section 157.1, Code 2019, is amended by adding the 32 following new subsections: 33 NEW SUBSECTION . 001. “Barber and hairstylist” means a 34 person who performs the practice of barbering and hairstyling, 35 -1- LSB 1681XS (14) 88 ss/lh 1/ 11
S.F. 418 or otherwise by the person’s occupation claims to have 1 knowledge or skill particular to the practice of barbering and 2 hairstyling. 3 NEW SUBSECTION . 01. “Barbering” means the practices listed 4 in this subsection performed with or without compensation. 5 “Barbering” includes but is not limited to the following 6 practices performed upon the upper part of the human body of 7 any person for cosmetic purposes and not for the treatment of 8 disease or physical or mental ailments: 9 a. Shaving or trimming the beard or cutting the hair. 10 b. Giving facial and scalp massages or treatments with oils, 11 creams, lotions, or other preparations either by hand, or by 12 electrical or mechanical appliances. 13 c. Singeing, shampooing, hair body processing, arranging, 14 dressing, curling, blow waving, hair relaxing, bleaching or 15 coloring the hair, or applying hair tonics. 16 d. Applying cosmetic preparations, antiseptics, powders, 17 oils, clays, waxes, or lotions to the scalp, face, or neck. 18 e. Styling, cutting, or shampooing hairpieces or wigs when 19 done in conjunction with haircutting or hairstyling. 20 NEW SUBSECTION . 14A. “Hairstyling” means curling, waving, 21 press and curl hair straightening, shampooing, cutting, 22 singeing, bleaching, coloring, or similar works, upon the hair 23 on the head of any person, or upon a wig or hairpiece when done 24 in conjunction with haircutting or styling by any means. 25 Sec. 8. Section 157.1, subsection 1, Code 2019, is amended 26 to read as follows: 27 1. “Board” means the board of barbering and cosmetology arts 28 and sciences. 29 Sec. 9. Section 157.1, subsection 5, paragraph a, Code 2019, 30 is amended to read as follows: 31 a. Arranging, braiding, dressing, Hairstyling, including 32 curling, waving, press and curl hair straightening, shampooing, 33 cutting, singeing, bleaching, coloring, or similar works, upon 34 the hair of any person, or upon a wig or hairpiece when done in 35 -2- LSB 1681XS (14) 88 ss/lh 2/ 11
S.F. 418 conjunction with haircutting or hairstyling by any means. 1 Sec. 10. Section 157.1, subsection 5, Code 2019, is amended 2 by adding the following new paragraphs: 3 NEW PARAGRAPH . f. Esthetics. 4 NEW PARAGRAPH . g. Manicuring. 5 NEW PARAGRAPH . h. Barbering. 6 Sec. 11. Section 157.1, subsection 6, Code 2019, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . f. Hairstyling. 9 Sec. 12. Section 157.1, subsection 26, Code 2019, is amended 10 to read as follows: 11 26. “Salon” means a fixed establishment or place , or an 12 establishment that is readily movable which either operates up 13 to three consecutive days at one location or returns to a home 14 base at the end of the day, where one or more persons engage 15 in the practice of cosmetology arts and sciences, including, 16 but not limited to, a retail establishment where cosmetologists 17 engage a person engages in the practice of cosmetology arts and 18 sciences. 19 Sec. 13. Section 157.2, subsection 1, paragraphs b and h, 20 Code 2019, are amended by striking the paragraphs. 21 Sec. 14. Section 157.2, subsection 2, Code 2019, is amended 22 to read as follows: 23 2. Cosmetologists shall not represent themselves to the 24 public as electrologists, estheticians, or nail technologists 25 unless the cosmetologist has completed the additional course of 26 study for the respective practice as prescribed by the board 27 pursuant to section 157.10 . 28 Sec. 15. Section 157.3, subsection 2, Code 2019, is amended 29 to read as follows: 30 2. Notwithstanding subsection 1 and sections 147.44, 31 147.48, and 147.49 , a person who completes the application 32 form prescribed by the board and who submits satisfactory 33 proof of having been licensed in a practice of the cosmetology 34 arts and sciences in another state for at least twelve months 35 -3- LSB 1681XS (14) 88 ss/lh 3/ 11
S.F. 418 in the twenty-four month period preceding the submission of 1 the application shall be allowed to take the examination for 2 granted a license to practice the appropriate practice of 3 the cosmetology arts and sciences. However, the examination 4 requirement shall be waived for those persons who submit 5 evidence of licensure in another state which has a reciprocal 6 agreement with the state of Iowa under sections 147.44 , 147.48 , 7 and 147.49 . 8 Sec. 16. Section 157.3, Code 2019, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 3. The board shall adopt rules for the 11 licensure of persons who perform the practice of barbering 12 and hairstyling. A barber and hairstylist licensed pursuant 13 to this subsection shall not practice any cosmetology art or 14 science other than barbering and hairstyling. Nothing in 15 this subsection shall restrict the practice of barbering or 16 hairstyling by a cosmetologist. 17 Sec. 17. Section 157.7, Code 2019, is amended to read as 18 follows: 19 157.7 Inspectors and clerical assistants. 20 1. The department of inspections and appeals shall 21 employ personnel pursuant to chapter 8A, subchapter IV , to 22 perform duties related to inspection functions under this 23 chapter . The department of inspections and appeals shall, when 24 possible, integrate inspection efforts under this chapter with 25 inspections conducted under chapter 158 . 26 2. The Iowa department of public health may employ clerical 27 assistants pursuant to chapter 8A, subchapter IV , to administer 28 and enforce this chapter . The costs and expenses of the 29 clerical assistants shall be paid from funds appropriated to 30 the department of public health. 31 Sec. 18. Section 157.8, subsection 2, paragraph c, Code 32 2019, is amended by striking the paragraph. 33 Sec. 19. Section 157.8, subsection 3, paragraph c, Code 34 2019, is amended to read as follows: 35 -4- LSB 1681XS (14) 88 ss/lh 4/ 11
S.F. 418 c. A person employed as an instructor in the cosmetology 1 arts and sciences by a licensed school shall be licensed in 2 the practice and shall possess a separate instructor’s license 3 which shall be renewed biennially. An instructor shall file 4 an application with the department on forms prescribed by the 5 board. Requirements for licensure as an instructor shall be 6 determined by the board by rule. The board shall not require 7 an applicant for licensure as an instructor to obtain any 8 additional training hours beyond the hours required for a 9 license to practice cosmetology arts and sciences in order to 10 receive an instructor’s license. 11 Sec. 20. Section 157.9, Code 2019, is amended to read as 12 follows: 13 157.9 License suspension and revocation. 14 Any license issued by the department under the provisions 15 of this chapter may be suspended, revoked, or renewal denied 16 by the board for violation of any provision of this chapter 17 or chapter 158 or rules promulgated by the board under the 18 provisions of chapter 17A . 19 Sec. 21. Section 157.10, subsections 1 and 3, Code 2019, are 20 amended to read as follows: 21 1. a. The course of study required for licensure for the 22 practice of cosmetology shall be two thousand one hundred clock 23 hours, or seventy semester credit hours or the equivalent 24 thereof as determined pursuant to administrative rule and 25 regulations promulgated by the United States department of 26 education. The clock hours, and equivalent number of semester 27 credit hours or the equivalent thereof as determined pursuant 28 to administrative rule and regulations promulgated by the 29 United States department of education, of a course of study 30 required for licensure for the practices of electrology, 31 esthetics, nail technology, manicuring, and pedicuring shall 32 be established by the board. The board shall adopt rules to 33 define the course and content of study for each practice of 34 cosmetology arts and sciences. 35 -5- LSB 1681XS (14) 88 ss/lh 5/ 11
S.F. 418 b. The course of study required for licensure which is 1 limited to the practice of esthetics shall be six hundred 2 hours. 3 c. The course of study required for licensure which is 4 limited to the practice of manicuring shall be three hundred 5 twenty-five hours. 6 3. A barber licensed under chapter 158 or a student in 7 a barber school who applies for licensure in a practice of 8 cosmetology arts and sciences or who enrolls in a school 9 of cosmetology arts and sciences shall be granted, at the 10 discretion of the school, at least half credit and up to full 11 credit for each course successfully completed for licensure 12 as a barber which meets the requirements for licensure in a 13 practice of cosmetology arts and sciences. 14 Sec. 22. NEW SECTION . 157.10A Course of study —— barbering 15 and hairstyling. 16 The course of study required for a license to practice 17 barbering and hairstyling shall be one thousand five hundred 18 hours or an equivalent number of semester credit hours or the 19 equivalent thereof. Nothing in this section shall restrict the 20 practice of barbering or hairstyling by a cosmetologist. 21 Sec. 23. Section 157.13, subsection 1, unnumbered paragraph 22 1, Code 2019, is amended to read as follows: 23 It is unlawful for a person to employ an individual to 24 practice cosmetology arts and sciences unless that individual 25 is licensed or has obtained a temporary permit under this 26 chapter . It is unlawful for a licensee to practice with or 27 without compensation in any place other than a licensed salon, 28 or a licensed school of cosmetology arts and sciences , or a 29 licensed barbershop as defined in section 158.1 . The following 30 exceptions to this subsection shall apply: 31 Sec. 24. Section 261.9, subsection 3, paragraph b, Code 32 2019, is amended to read as follows: 33 b. Is a barber school licensed under section 158.7 or 34 a school of cosmetology arts and sciences licensed under 35 -6- LSB 1681XS (14) 88 ss/lh 6/ 11
S.F. 418 chapter 157 and is accredited by a national accrediting agency 1 recognized by the United States department of education. For 2 the fiscal year beginning July 1, 2017, an eligible institution 3 under this paragraph shall provide a matching aggregate amount 4 of institutional financial aid equal to at least seventy-five 5 percent of the amount received by the institution’s students 6 for Iowa tuition grant assistance under section 261.16A . 7 For the fiscal year beginning July 1, 2018, the institution 8 shall provide a matching aggregate amount of institutional 9 financial aid equal to at least eighty-five percent of the 10 amount received in that fiscal year. Commencing with the 11 fiscal year beginning July 1, 2019, and each succeeding fiscal 12 year, the matching aggregate amount of institutional financial 13 aid shall be at least equal to the match provided by eligible 14 institutions under paragraph “a” . 15 Sec. 25. Section 261B.11, subsection 1, paragraph i, Code 16 2019, is amended to read as follows: 17 i. Postsecondary educational institutions licensed by 18 the state of Iowa under section 157.8 or 158.7 chapter 157 19 to operate as schools of cosmetology arts and sciences or as 20 barber schools in the state. 21 Sec. 26. Section 272C.1, subsection 6, paragraph g, Code 22 2019, is amended to read as follows: 23 g. The board of barbering and cosmetology arts and sciences , 24 created pursuant to chapter 147 . 25 Sec. 27. Section 272C.1, subsection 6, paragraph i, Code 26 2019, is amended by striking the paragraph. 27 Sec. 28. Section 714.25, subsection 2, unnumbered paragraph 28 1, Code 2019, is amended to read as follows: 29 A proprietary school shall, prior to the time a student 30 is obligated for payment of any moneys, inform the student, 31 the college student aid commission, and in the case of a 32 school licensed under section 157.8 , the board of barbering 33 and cosmetology arts and sciences or in the case of a school 34 licensed under section 158.7 , the board of barbering, of all 35 -7- LSB 1681XS (14) 88 ss/lh 7/ 11
S.F. 418 of the following: 1 Sec. 29. REPEAL. Chapter 158, Code 2019, is repealed. 2 Sec. 30. EMERGENCY RULES. The board of cosmetology arts 3 and sciences, board of barbering, and board of barbering and 4 cosmetology arts and sciences may adopt emergency rules under 5 section 17A.4, subsection 3, and section 17A.5, subsection 2, 6 paragraph “b”, to implement the provisions of this Act and 7 the rules shall be effective immediately upon filing unless 8 a later date is specified in the rules. Any rules adopted 9 in accordance with this section shall also be published as a 10 notice of intended action as provided in section 17A.4. 11 Sec. 31. TRANSITION PROVISIONS. 12 1. a. The merger of the boards of barbering and cosmetology 13 arts and sciences in this Act shall not affect the appointment 14 or any term of office of a member of either board prior to the 15 effective date of this Act. A member of the board of barbering 16 or the board of cosmetology arts and sciences shall continue to 17 serve until the member’s term expires or the member ceases to 18 hold office, whichever first occurs. 19 b. The initial membership of the board of barbering and 20 cosmetology arts and sciences shall consist of all members 21 of the boards of barbering and cosmetology arts and sciences 22 serving on the effective date of this Act. 23 2. A rule adopted by the board of cosmetology arts and 24 sciences or board of barbering that is in force and effect 25 immediately prior to the effective date of this Act shall 26 continue in full force and effect until the earlier of the 27 following: 28 a. The rule is amended, rescinded, or supplemented by the 29 affirmative action of the board of barbering and cosmetology 30 arts and sciences. 31 b. The rule expires by its own terms. 32 3. Any license or permit issued by the board of cosmetology 33 arts and sciences or board of barbering in effect on the 34 effective date of this Act shall continue in full force and 35 -8- LSB 1681XS (14) 88 ss/lh 8/ 11
S.F. 418 effect until expiration or renewal. 1 4. Any funds in any account or fund of the board of 2 cosmetology arts and sciences or board of barbering shall 3 be transferred to the control of the board of barbering and 4 cosmetology arts and sciences. 5 5. Any cause of action, statute of limitation, or 6 administrative action relating to or initiated by the board of 7 cosmetology arts and sciences or board of barbering shall not 8 be affected as a result of this Act and shall apply to the board 9 of barbering and cosmetology arts and sciences. 10 6. All client and organizational files in the possession 11 of the board of cosmetology arts and sciences or board of 12 barbering shall become the property of the board of barbering 13 and cosmetology arts and sciences. 14 7. Any personnel in the state merit system of employment 15 who are mandatorily transferred due to the effect of this Act 16 shall be so transferred without any loss in salary, benefits, 17 or accrued years of service. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to the practices of barbering and 22 cosmetology. The bill merges the boards of cosmetology 23 arts and sciences and barbering into the board of barbering 24 and cosmetology arts and sciences, repeals Code chapter 25 158 governing barbering, and makes conforming changes. The 26 bill gives the board of barbering and cosmetology arts and 27 sciences all of the powers and responsibilities of the prior 28 boards. The bill provides that current members of the boards 29 of barbering and cosmetology arts and sciences shall become 30 members of the merged board until their terms otherwise expire 31 or they are otherwise replaced. The bill also provides that 32 the current rules of both boards shall remain in effect until 33 the board of barbering and cosmetology arts and sciences 34 amends, rescinds, or supplements the rules, or the rules expire 35 -9- LSB 1681XS (14) 88 ss/lh 9/ 11
S.F. 418 by their own terms. The bill grants the board of barbering, 1 the board of cosmetology arts and sciences, and the board 2 of barbering and cosmetology arts and sciences emergency 3 rulemaking authority to implement the provisions of the bill. 4 The bill also provides other transition provisions. 5 The bill changes the definition of “cosmetology” by 6 removing arranging, braiding, and dressing of hair. The bill 7 adds esthetics, manicuring, and barbering to the practices 8 encompassed within the definition of “cosmetology”. 9 The bill sets the training requirements for a license to 10 practice esthetics to 600 hours and the training requirements 11 for a license to practice manicuring to 325 hours. 12 The bill prohibits the board of barbering and cosmetology 13 arts and sciences from requiring additional training for 14 licensed cosmetologists who seek to become licensed cosmetology 15 instructors. 16 The bill requires the board of barbering and cosmetology 17 arts and sciences to grant an Iowa license to practice a 18 cosmetology art or science to a person who presents evidence of 19 having had an equivalent license in another state for at least 20 12 of the last 24 months. 21 The bill also directs the board of barbering and cosmetology 22 arts and sciences to adopt rules for the licensure of persons 23 who practice barbering and hairstyling. Under current 24 law, cosmetologists and barbers may both provide services 25 that include hairstyling. The bill preserves the ability 26 of cosmetologists to provide such services and instructs 27 the board to create a new license permitting barbering and 28 hairstyling licensees to provide only barbering and hairstyling 29 services. The bill provides a definition of hairstyling and 30 adds hairstyling to the list of cosmetology arts and sciences 31 disciplines. 32 The bill also provides for the development of a process 33 for the licensure of persons who provide both hairstyling and 34 barbering services but who do not practice any of the other 35 -10- LSB 1681XS (14) 88 ss/lh 10/ 11
S.F. 418 cosmetology arts and sciences. 1 -11- LSB 1681XS (14) 88 ss/lh 11/ 11