Senate File 582 - Introduced SENATE FILE 582 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SF 418) 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 1681SV (4) 88 ss/lh
S.F. 582 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 1681SV (4) 88 ss/lh 1/ 12
S.F. 582 NEW SUBSECTION . 01. “Barbering” means the practices listed 1 in this subsection performed with or without compensation. 2 “Barbering” includes but is not limited to the following 3 practices performed upon the upper part of the human body of 4 any person for cosmetic purposes and not for the treatment of 5 disease or physical or mental ailments: 6 a. Shaving or trimming the beard or cutting the hair. 7 b. Giving facial and scalp massages or treatments with oils, 8 creams, lotions, or other preparations either by hand, or by 9 electrical or mechanical appliances. 10 c. Singeing, shampooing, hair body processing, arranging, 11 dressing, curling, blow waving, hair relaxing, bleaching or 12 coloring the hair, or applying hair tonics. 13 d. Applying cosmetic preparations, antiseptics, powders, 14 oils, clays, waxes, or lotions to the scalp, face, or neck. 15 e. Styling, cutting, or shampooing hairpieces or wigs when 16 done in conjunction with haircutting or hairstyling. 17 NEW SUBSECTION . 14A. “Hairstyling” means curling, waving, 18 press and curl hair straightening, shampooing, cutting, 19 singeing, bleaching, coloring, or similar works, upon the hair 20 on the head of any person, or upon a wig or hairpiece when done 21 in conjunction with haircutting or styling by any means. 22 Sec. 8. Section 157.1, subsection 1, Code 2019, is amended 23 to read as follows: 24 1. “Board” means the board of barbering and cosmetology arts 25 and sciences. 26 Sec. 9. Section 157.1, subsection 4, Code 2019, is amended 27 to read as follows: 28 4. “Cosmetologist” means a person who performs the practice 29 of cosmetology , or otherwise by the person’s occupation claims 30 to have knowledge or skill particular to the practice of 31 cosmetology . Cosmetologists shall not represent themselves to 32 the public as being primarily in the practice of haircutting 33 unless that function is, in fact, their primary specialty. 34 Sec. 10. Section 157.1, subsection 5, paragraph a, Code 35 -2- LSB 1681SV (4) 88 ss/lh 2/ 12
S.F. 582 2019, is amended to read as follows: 1 a. Arranging, braiding, dressing, Hairstyling, including 2 curling, waving, press and curl hair straightening, shampooing, 3 cutting, singeing, bleaching, coloring, or similar works, upon 4 the hair of any person, or upon a wig or hairpiece when done in 5 conjunction with haircutting or hairstyling by any means. 6 Sec. 11. Section 157.1, subsection 5, Code 2019, is amended 7 by adding the following new paragraphs: 8 NEW PARAGRAPH . f. Esthetics. 9 NEW PARAGRAPH . g. Barbering. 10 Sec. 12. Section 157.1, subsection 6, paragraph e, Code 11 2019, is amended to read as follows: 12 e. Manicuring and pedicuring Hairstyling . 13 Sec. 13. Section 157.1, subsection 18, Code 2019, is amended 14 to read as follows: 15 18. “Manicuring” means the practice of cleansing, shaping, 16 or polishing the fingernails and massaging the hands and lower 17 arms of a person. “Manicuring” does not include the application 18 of sculptured nails or nail extensions to the fingernails or 19 toenails of a person, and does not include the practice of 20 pedicuring. 21 Sec. 14. Section 157.1, subsection 19, Code 2019, is amended 22 by striking the subsection. 23 Sec. 15. Section 157.2, subsection 1, paragraphs b and h, 24 Code 2019, are amended by striking the paragraphs. 25 Sec. 16. Section 157.2, subsection 2, Code 2019, is amended 26 to read as follows: 27 2. Cosmetologists shall not represent themselves to the 28 public as electrologists, estheticians, or nail technologists 29 unless the cosmetologist has completed the additional course of 30 study for the respective practice as prescribed by the board 31 pursuant to section 157.10 . 32 Sec. 17. Section 157.3, subsection 2, Code 2019, is amended 33 to read as follows: 34 2. Notwithstanding subsection 1 and sections 147.44, 35 -3- LSB 1681SV (4) 88 ss/lh 3/ 12
S.F. 582 147.48, and 147.49 , a person who completes the application form 1 prescribed by the board and who submits satisfactory proof of 2 having been licensed in a practice of the cosmetology arts and 3 sciences in another state for , and having practiced for, at 4 least twelve months in the twenty-four month period preceding 5 the submission of the application shall be allowed to take the 6 examination for granted a license to practice the appropriate 7 practice of the cosmetology arts and sciences. However, the 8 examination requirement shall be waived for those persons 9 who submit evidence of licensure in another state which has 10 a reciprocal agreement with the state of Iowa under sections 11 147.44 , 147.48 , and 147.49 . 12 Sec. 18. Section 157.3, Code 2019, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 3. The board shall adopt rules for the 15 licensure of persons who perform the practice of barbering 16 and hairstyling. A barber and hairstylist licensed pursuant 17 to this subsection shall not practice any cosmetology art or 18 science other than barbering and hairstyling. Nothing in 19 this subsection shall restrict the practice of barbering or 20 hairstyling by a cosmetologist. 21 Sec. 19. Section 157.7, Code 2019, is amended to read as 22 follows: 23 157.7 Inspectors and clerical assistants. 24 1. The department of inspections and appeals shall 25 employ personnel pursuant to chapter 8A, subchapter IV , to 26 perform duties related to inspection functions under this 27 chapter . The department of inspections and appeals shall, when 28 possible, integrate inspection efforts under this chapter with 29 inspections conducted under chapter 158 . 30 2. The Iowa department of public health may employ clerical 31 assistants pursuant to chapter 8A, subchapter IV , to administer 32 and enforce this chapter . The costs and expenses of the 33 clerical assistants shall be paid from funds appropriated to 34 the department of public health. 35 -4- LSB 1681SV (4) 88 ss/lh 4/ 12
S.F. 582 Sec. 20. Section 157.8, subsection 2, paragraph c, Code 1 2019, is amended by striking the paragraph. 2 Sec. 21. Section 157.8, Code 2019, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 4. A school of cosmetology arts and 5 sciences may provide cosmetology arts and sciences services to 6 members of the public so long as the provision of such services 7 does not interfere with student instruction. 8 Sec. 22. Section 157.9, Code 2019, is amended to read as 9 follows: 10 157.9 License suspension and revocation. 11 Any license issued by the department under the provisions 12 of this chapter may be suspended, revoked, or renewal denied 13 by the board for violation of any provision of this chapter 14 or chapter 158 or rules promulgated by the board under the 15 provisions of chapter 17A . 16 Sec. 23. Section 157.10, subsections 1 and 3, Code 2019, are 17 amended to read as follows: 18 1. a. The course of study required for licensure for the 19 practice of cosmetology shall be two thousand one hundred clock 20 hours , or seventy semester credit hours or the equivalent 21 thereof as determined pursuant to administrative rule and 22 regulations promulgated by the United States department 23 of education . The clock hours , and equivalent number of 24 semester credit hours or the equivalent thereof as determined 25 pursuant to administrative rule and regulations promulgated 26 by the United States department of education, of a course of 27 study required for licensure for the practices of electrology, 28 esthetics, and nail technology , manicuring, and pedicuring 29 shall be established by the board. The board shall adopt rules 30 to define the course and content of study for each practice of 31 cosmetology arts and sciences. 32 b. The course of study required for licensure which is 33 limited to the practice of esthetics shall be six hundred 34 hours. 35 -5- LSB 1681SV (4) 88 ss/lh 5/ 12
S.F. 582 c. The course of study required for licensure which is 1 limited to the practice of nail technology shall be three 2 hundred twenty-five hours. 3 3. A barber licensed under chapter 158 or a student in 4 a barber school who applies for licensure in a practice of 5 cosmetology arts and sciences or who enrolls in a school 6 of cosmetology arts and sciences shall be granted, at the 7 discretion of the school, at least half credit and up to full 8 credit for each course successfully completed for licensure 9 as a barber which meets the requirements for licensure in a 10 practice of cosmetology arts and sciences. 11 Sec. 24. NEW SECTION . 157.10A Course of study —— barbering 12 and hairstyling. 13 The course of study required for a license to practice 14 barbering and hairstyling shall be one thousand five hundred 15 hours. Nothing in this section shall restrict the practice of 16 barbering or hairstyling by a cosmetologist. 17 Sec. 25. Section 157.13, subsection 1, unnumbered paragraph 18 1, Code 2019, is amended to read as follows: 19 It is unlawful for a person to employ an individual to 20 practice cosmetology arts and sciences unless that individual 21 is licensed or has obtained a temporary permit under this 22 chapter . It is unlawful for a licensee to practice with or 23 without compensation in any place other than a licensed salon, 24 or a licensed school of cosmetology arts and sciences , or a 25 licensed barbershop as defined in section 158.1 . The following 26 exceptions to this subsection shall apply: 27 Sec. 26. Section 261.9, subsection 3, paragraph b, Code 28 2019, is amended to read as follows: 29 b. Is a barber school licensed under section 158.7 or 30 a school of cosmetology arts and sciences licensed under 31 chapter 157 and is accredited by a national accrediting agency 32 recognized by the United States department of education. For 33 the fiscal year beginning July 1, 2017, an eligible institution 34 under this paragraph shall provide a matching aggregate amount 35 -6- LSB 1681SV (4) 88 ss/lh 6/ 12
S.F. 582 of institutional financial aid equal to at least seventy-five 1 percent of the amount received by the institution’s students 2 for Iowa tuition grant assistance under section 261.16A . 3 For the fiscal year beginning July 1, 2018, the institution 4 shall provide a matching aggregate amount of institutional 5 financial aid equal to at least eighty-five percent of the 6 amount received in that fiscal year. Commencing with the 7 fiscal year beginning July 1, 2019, and each succeeding fiscal 8 year, the matching aggregate amount of institutional financial 9 aid shall be at least equal to the match provided by eligible 10 institutions under paragraph “a” . 11 Sec. 27. Section 261B.11, subsection 1, paragraph i, Code 12 2019, is amended to read as follows: 13 i. Postsecondary educational institutions licensed by 14 the state of Iowa under section 157.8 or 158.7 chapter 157 15 to operate as schools of cosmetology arts and sciences or as 16 barber schools in the state. 17 Sec. 28. Section 272C.1, subsection 6, paragraph g, Code 18 2019, is amended to read as follows: 19 g. The board of barbering and cosmetology arts and sciences , 20 created pursuant to chapter 147 . 21 Sec. 29. Section 272C.1, subsection 6, paragraph i, Code 22 2019, is amended by striking the paragraph. 23 Sec. 30. Section 714.18, subsection 2, unnumbered paragraph 24 1, Code 2019, is amended to read as follows: 25 A school licensed under the provisions of section 157.8 or 26 158.7 shall file with the college student aid commission the 27 following: 28 Sec. 31. Section 714.25, subsection 2, unnumbered paragraph 29 1, Code 2019, is amended to read as follows: 30 A proprietary school shall, prior to the time a student 31 is obligated for payment of any moneys, inform the student, 32 the college student aid commission, and in the case of a 33 school licensed under section 157.8 , the board of barbering 34 and cosmetology arts and sciences or in the case of a school 35 -7- LSB 1681SV (4) 88 ss/lh 7/ 12
S.F. 582 licensed under section 158.7 , the board of barbering, of all 1 of the following: 2 Sec. 32. REPEAL. Chapter 158, Code 2019, is repealed. 3 Sec. 33. EMERGENCY RULES. The board of cosmetology arts 4 and sciences, board of barbering, and board of barbering and 5 cosmetology arts and sciences may adopt emergency rules under 6 section 17A.4, subsection 3, and section 17A.5, subsection 2, 7 paragraph “b”, to implement the provisions of this Act and 8 the rules shall be effective immediately upon filing unless 9 a later date is specified in the rules. Any rules adopted 10 in accordance with this section shall also be published as a 11 notice of intended action as provided in section 17A.4. 12 Sec. 34. TRANSITION PROVISIONS. 13 1. a. The merger of the boards of barbering and cosmetology 14 arts and sciences in this Act shall not affect the appointment 15 or any term of office of a member of either board prior to the 16 effective date of this Act. A member of the board of barbering 17 or the board of cosmetology arts and sciences shall continue to 18 serve until the member’s term expires or the member ceases to 19 hold office, whichever first occurs. 20 b. The initial membership of the board of barbering and 21 cosmetology arts and sciences shall consist of all members 22 of the boards of barbering and cosmetology arts and sciences 23 serving on the effective date of this Act. 24 2. A rule adopted by the board of cosmetology arts and 25 sciences or board of barbering that is in force and effect 26 immediately prior to the effective date of this Act shall 27 continue in full force and effect until the earlier of the 28 following: 29 a. The rule is amended, rescinded, or supplemented by the 30 affirmative action of the board of barbering and cosmetology 31 arts and sciences. 32 b. The rule expires by its own terms. 33 3. Any license or permit issued by the board of cosmetology 34 arts and sciences or board of barbering in effect on the 35 -8- LSB 1681SV (4) 88 ss/lh 8/ 12
S.F. 582 effective date of this Act shall continue in full force and 1 effect until expiration or renewal. A location licensed as a 2 barber school as of the effective date of this Act shall be 3 considered to be a licensed school of cosmetology arts and 4 sciences and shall be issued a license to operate as a school 5 of cosmetology arts and sciences upon the expiration of the 6 location’s license to operate as a barber school. A location 7 licensed to operate as a barbershop as of the effective date of 8 this Act shall be considered to be a licensed salon and shall 9 be issued a salon license upon the expiration of the location’s 10 barbershop license. 11 4. Any funds in any account or fund of the board of 12 cosmetology arts and sciences or board of barbering shall 13 be transferred to the control of the board of barbering and 14 cosmetology arts and sciences. 15 5. Any cause of action, statute of limitation, or 16 administrative action relating to or initiated by the board of 17 cosmetology arts and sciences or board of barbering shall not 18 be affected as a result of this Act and shall apply to the board 19 of barbering and cosmetology arts and sciences. 20 6. All client and organizational files in the possession 21 of the board of cosmetology arts and sciences or board of 22 barbering shall become the property of the board of barbering 23 and cosmetology arts and sciences. 24 7. Any personnel in the state merit system of employment 25 who are mandatorily transferred due to the effect of this Act 26 shall be so transferred without any loss in salary, benefits, 27 or accrued years of service. 28 8. A person licensed as a barber as of the effective 29 date of this Act shall be considered to be a person licensed 30 to practice barbering and hairstyling and shall be issued 31 a license to practice barbering and hairstyling upon the 32 expiration of the person’s barbering license. Such a license 33 shall permit such a person to continue to practice barbering as 34 provided in chapter 158, Code 2019. 35 -9- LSB 1681SV (4) 88 ss/lh 9/ 12
S.F. 582 9. A person currently enrolled in a barbering school in a 1 course of study requiring at least two thousand one hundred 2 hours of instruction must complete the course of study by 3 January 1, 2021. Each school of cosmetology arts and sciences 4 shall offer a course of study in barbering and hairstyling by 5 January 1, 2020. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to the practices of barbering and 10 cosmetology. The bill merges the boards of cosmetology 11 arts and sciences and barbering into the board of barbering 12 and cosmetology arts and sciences, repeals Code chapter 13 158 governing barbering, and makes conforming changes. The 14 bill gives the board of barbering and cosmetology arts and 15 sciences all of the powers and responsibilities of the prior 16 boards. The bill provides that current members of the boards 17 of barbering and cosmetology arts and sciences shall become 18 members of the merged board until their terms otherwise expire 19 or they are otherwise replaced. The bill also provides that 20 the current rules of both boards shall remain in effect until 21 the board of barbering and cosmetology arts and sciences 22 amends, rescinds, or supplements the rules, or the rules expire 23 by their own terms. The bill grants the board of barbering, 24 the board of cosmetology arts and sciences, and the board 25 of barbering and cosmetology arts and sciences emergency 26 rulemaking authority to implement the provisions of the bill. 27 The bill also provides other transition provisions, including 28 but not limited to the transitioning of current licenses held 29 under Code chapter 158 to new licenses under Code chapter 157 30 upon the expiration of the current licenses. 31 The bill changes the definition of “cosmetology” by removing 32 arranging, braiding, and dressing of hair from the definition. 33 The bill adds esthetics and barbering to the practices 34 encompassed within the definition of “cosmetology”. The bill 35 -10- LSB 1681SV (4) 88 ss/lh 10/ 12
S.F. 582 changes the definition of “cosmetologist” to exclude a person 1 who claims by the person’s occupation to have knowledge or 2 skill particular to the practice of cosmetology. 3 The bill changes the definition of “manicuring” by removing 4 the exclusion of the application of sculpted nails or nail 5 extensions and pedicuring from the definition. The bill also 6 removes manicuring and pedicuring from the definition of 7 “cosmetology arts and sciences”. 8 The bill sets the training requirements for a license to 9 practice esthetics to 600 hours and the training requirements 10 for a license to practice manicuring to 325 hours. The bill 11 removes references in the Code to methods of measuring a course 12 of study in a practice of cosmetology other than instructional 13 hours. 14 The bill allows a school of cosmetology arts and sciences 15 to provide services to members of the public so long as the 16 provision of such services does not interfere with student 17 instruction. 18 The bill requires the board of barbering and cosmetology 19 arts and sciences to grant an Iowa license to practice a 20 cosmetology art or science to a person who presents evidence of 21 having had an equivalent license in, and having been practicing 22 in, another state for at least 12 of the last 24 months. 23 The bill also directs the board of barbering and cosmetology 24 arts and sciences to adopt rules for the licensure of persons 25 who practice barbering and hairstyling. Under current 26 law, cosmetologists and barbers may both provide services 27 that include hairstyling. The bill preserves the ability 28 of cosmetologists to provide such services and instructs 29 the board to create a new license permitting barbering and 30 hairstyling licensees to provide only barbering and hairstyling 31 services. The bill provides a definition of hairstyling and 32 adds hairstyling to the list of cosmetology arts and sciences 33 disciplines. 34 The bill also provides for the development of a process 35 -11- LSB 1681SV (4) 88 ss/lh 11/ 12
S.F. 582 for the licensure of persons who provide both hairstyling and 1 barbering services but who do not practice any of the other 2 cosmetology arts and sciences. 3 -12- LSB 1681SV (4) 88 ss/lh 12/ 12