HF 2576 (LSB 6272HV (1) 89)

HOUSE FILE 2576

BY  COMMITTEE ON WAYS AND MEANS

(SUCCESSOR TO HSB 728)

A BILL FOR

An Act relating to the practice of barbering and cosmetology arts and sciences, including fees, and providing transition provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 10A.104, subsection 14, Code 2022, is amended by striking the subsection.
    Sec. 2.  Section 147.13, subsection 11, Code 2022, is amended to read as follows:
   11.  For cosmetology arts and sciences, the board of barbering and cosmetology arts and sciences.
    Sec. 3.  Section 147.13, subsection 12, Code 2022, is amended by striking the subsection.
    Sec. 4.  Section 147.14, subsection 1, paragraphs a and n, Code 2022, are amended by striking the paragraphs.
    Sec. 5.  Section 147.14, subsection 1, Code 2022, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  x.  For barbering and cosmetology arts and sciences, three members who are licensed cosmetologists; one member who is a licensed instructor of cosmetology arts and sciences; one member who is licensed to practice barbering; one member who is a licensed esthetician or electrologist; one member who is a licensed nail technologist; one member who owns a school of cosmetology arts and sciences or a cosmetology establishment; one member who is a licensed physician or surgeon, osteopathic physician or surgeon, physician assistant, or nurse; and two members who are not licensed to practice barbering or licensed in a practice of cosmetology arts and sciences and who do not have a financial interest in the industry of cosmetology, who shall represent the general public.
    Sec. 6.  Section 147.76, Code 2022, is amended to read as follows:
   147.76  Rules.
   The boards for the various professions shall adopt all necessary and proper rules to administer and interpret this chapter and chapters 148 through 158 157, except chapter 148D.
    Sec. 7.  Section 157.1, Code 2022, is amended by adding the following new subsections:
   NEW SUBSECTION.  01.  “Barber” means a person who performs the practice of barbering or otherwise by the person’s occupation claims to have knowledge or skill particular to the practice of barbering.
   NEW SUBSECTION.  001.  “Barbering” means the practices listed in this subsection performed with or without compensation. “Barbering” includes but is not limited to the following practices performed upon the upper part of the human body of any person for cosmetic purposes and not for the treatment of disease or physical or mental ailments:
   a.  Shaving or trimming the beard or cutting the hair.
   b.  Giving facial and scalp massages or treatments with oils, creams, lotions, or other preparations either by hand, or by electrical or mechanical appliances.
   c.  Singeing, shampooing, hair body processing, curling, blow waving, hair relaxing, bleaching or coloring the hair, or applying hair tonics.
   d.  Applying cosmetic preparations, antiseptics, powders, oils, clays, waxes, or lotions to the scalp, face, or neck.
   e.  Styling, cutting, or shampooing hairpieces or wigs when done in conjunction with haircutting or hairstyling.
   NEW SUBSECTION.  10A.  “Establishment” means a fixed place or a place that is readily movable where one or more persons engage in the practice of barbering or cosmetology arts and sciences, including but not limited to a retail establishment.
    Sec. 8.  Section 157.1, subsection 1, Code 2022, is amended to read as follows:
   1.  “Board” means the board of barbering and cosmetology arts and sciences.
    Sec. 9.  Section 157.1, subsection 5, paragraph a, Code 2022, is amended to read as follows:
   a.  Arranging, braiding, dressing, curling, Curling, waving, press and curl hair straightening, shampooing, cutting, singeing, bleaching, coloring, or similar works, upon the hair of any person, or upon a wig or hairpiece when done in conjunction with haircutting or hairstyling by any means.
    Sec. 10.  Section 157.1, subsection 5, Code 2022, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  f.  Barbering.
    Sec. 11.  Section 157.1, subsection 26, Code 2022, is amended by striking the subsection.
    Sec. 12.  Section 157.1, subsection 27, Code 2022, is amended to read as follows:
   27.  “School of barbering and cosmetology arts and sciences” means an establishment operated for the purpose of teaching cosmetology arts and sciences.
    Sec. 13.  Section 157.2, subsection 1, paragraphs b and h, Code 2022, are amended by striking the paragraphs.
    Sec. 14.  Section 157.2, subsection 2, Code 2022, is amended to read as follows:
   2.  Cosmetologists shall not represent themselves to the public as electrologists, estheticians, or nail technologists unless the cosmetologist has completed the additional course of study for the respective practice as prescribed by the board pursuant to section 157.10.
    Sec. 15.  Section 157.3, subsection 1, paragraph a, Code 2022, is amended to read as follows:
   a.  Presents to the department a diploma, or similar evidence, issued by a licensed school of barbering and cosmetology arts and sciences or barbering indicating that the applicant has completed the course of study for the appropriate practice of the cosmetology arts and sciences prescribed by the board. An applicant may satisfy this requirement upon presenting a diploma or similar evidence issued by a school in another state, recognized by the board, which provides instruction regarding the practice for which licensure is sought, provided that the course of study is equivalent to or greater in length and scope than that required for a school in this state, and is approved by the board.
    Sec. 16.  Section 157.3, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  The board shall adopt rules for the licensure of persons who perform the practice of barbering. The course of study for licensure as a barber shall consist of at least two thousand one hundred hours of instruction. A barber licensed pursuant to this subsection shall not practice any cosmetology art or science other than barbering. Nothing in this subsection shall restrict the practice of barbering by a cosmetologist.
    Sec. 17.  Section 157.3A, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  Shaving or trimming for hair removal by the use of a straight edge razor shall only be performed by the following persons:
   a.  A licensed barber.
   b.  A cosmetologist trained and certified in the use of a straight edge razor in compliance with applicable rules of the board. The board shall not require a cosmetologist to complete more than forty clock hours of training to receive a certification under this paragraph.
    Sec. 18.  Section 157.4, subsection 3, paragraph a, Code 2022, is amended to read as follows:
   a.  The permit shall be issued for a specific event and may be issued to a salon an establishment, school of barbering and cosmetology arts and sciences, or person.
    Sec. 19.  Section 157.6, Code 2022, is amended to read as follows:
   157.6  Sanitary rules —— practice in the home.
   The department shall prescribe sanitary rules for salons establishments and schools of barbering and cosmetology arts and sciences which shall include the sanitary conditions necessary for the practice of cosmetology arts and sciences and for the prevention of infectious and contagious diseases. Subject to local zoning ordinances, a salon an establishment may be established in a residence if a room other than the living quarters is equipped for that purpose. The department shall enforce this section and make necessary inspections for enforcement purposes.
    Sec. 20.  Section 157.7, subsection 1, Code 2022, is amended by striking the subsection.
    Sec. 21.  Section 157.8, subsection 1, Code 2022, is amended to read as follows:
   1.  It is unlawful for a school of barbering and cosmetology arts and sciences to operate unless the owner has obtained a license issued by the department. The owner shall file a verified application with the department on forms prescribed by the board.
    Sec. 22.  Section 157.8, subsection 2, paragraph c, Code 2022, is amended by striking the paragraph.
    Sec. 23.  Section 157.8, subsection 2, paragraph d, Code 2022, is amended to read as follows:
   d.  The school of barbering and cosmetology arts and sciences must pass a sanitary inspection under section 157.6. An annual inspection of each school of barbering and cosmetology arts and sciences, including the educational activities of each school, shall be conducted and completed by the board or its designee prior to renewal of the license.
    Sec. 24.  NEW SECTION.  157.8A  Use of schools of barbering and cosmetology arts and sciences.
   A school of barbering and cosmetology arts and sciences may be used for purposes other than student instruction during scheduled instruction time and work experience time so long as the other activities do not disrupt classes. The board shall adopt rules for the implementation of this section.
    Sec. 25.  Section 157.9, Code 2022, is amended to read as follows:
   157.9  License suspension and revocation.
   Any license issued by the department under the provisions of this chapter may be suspended, revoked, or renewal denied by the board for violation of any provision of this chapter or chapter 158 or rules promulgated by the board under the provisions of chapter 17A.
    Sec. 26.  Section 157.10, subsection 1, Code 2022, is amended to read as follows:
   1.  The course of study required for licensure for the practice of cosmetology shall be two thousand one hundred clock hours, or seventy semester credit hours or the equivalent thereof as determined pursuant to administrative rule and regulations promulgated by the United States department of education. The clock hours, and equivalent number of semester credit hours or the equivalent thereof as determined pursuant to administrative rule and regulations promulgated by the United States department of education, of a course of study required for licensure for the practices of electrology, esthetics, and nail technology, manicuring, and pedicuring shall be established by the board. The board shall adopt rules to define the course and content of study for each practice of cosmetology arts and sciences.
    Sec. 27.  Section 157.10, subsection 3, Code 2022, is amended by striking the subsection.
    Sec. 28.  Section 157.11, Code 2022, is amended to read as follows:
   157.11  Salon Establishment licenses.
   1.  A salon An establishment shall not operate unless the owner has obtained a license issued by the department. The owner shall apply to the department on forms prescribed by the board. The department may shall perform a sanitary inspection of each salon biennially establishment at least once every five years and may shall perform a sanitary inspection of a salon prior to the issuance of a license an establishment at the time of the opening of an establishment. An inspection of a salon an establishment may also be conducted upon receipt of a complaint by the department, as determined by the board.  The board shall adopt rules to administer the inspection process and set fees necessary to cover the cost of the inspection.
   2.  The application shall be accompanied by the biennial license fee determined pursuant to section 147.80. The license is valid for two years and may be renewed.
   3.  A licensed school of cosmetology arts and sciences at which students practice cosmetology arts and sciences is exempt from licensing as a salon an establishment.
    Sec. 29.  Section 157.12, Code 2022, is amended to read as follows:
   157.12  Supervisors.
   A person who directly supervises the work of practitioners of barbering or cosmetology arts and sciences shall be licensed in the practice supervised or a barber licensed under section 158.3.
    Sec. 30.  Section 157.13, subsection 1, unnumbered paragraph 1, Code 2022, is amended to read as follows:
   It is unlawful for a person to employ an individual to practice barbering or cosmetology arts and sciences unless that individual is licensed or has obtained a temporary permit under this chapter. It is unlawful for a licensee to practice with or without compensation in any place other than a licensed salon establishment, or a licensed school of barbering and cosmetology arts and sciences, or a licensed barbershop as defined in section 158.1. The following exceptions to this subsection shall apply:
    Sec. 31.  Section 157.13, subsection 1, paragraph a, Code 2022, is amended to read as follows:
   a.  A licensee may practice at a location which is not a licensed salon establishment, school of barbering and cosmetology arts and sciences, or licensed barbershop under extenuating circumstances arising from physical or mental disability or death of a customer.
    Sec. 32.  Section 157.13, subsection 1, Code 2022, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  0b.  A licensee may practice at a location which is not a licensed establishment or school of barbering and cosmetology arts and sciences if the board has issued an event services permit to the licensee. The board shall adopt rules for the application for and issuance of an event services permit, which may include the imposition of fees necessary to cover the cost of the permitting process.
   NEW PARAGRAPH.  00b.  A licensee may practice at a location which is not a licensed establishment or a school of barbering and cosmetology arts and sciences if the location is the home of the customer. The board shall adopt rules for the practice of barbering and cosmetology at such a location.
    Sec. 33.  Section 157.13, subsection 3, Code 2022, is amended to read as follows:
   3.  If the owner or manager of a salon an establishment does not comply with the sanitary rules adopted under section 157.6 or fails to maintain the salon establishment as prescribed by rules of the department, the department may notify the owner or manager in writing of the failure to comply. If the rules are not complied with within five days after receipt of the written notice by the owner or manager, the department shall in writing order the salon establishment closed until the rules are complied with. It is unlawful for a person to practice in a salon an establishment which has been closed under this section. The county attorney in each county shall assist the department in enforcing this section.
    Sec. 34.  Section 261.9, subsection 3, paragraph b, Code 2022, is amended to read as follows:
   b.  Is a barber school licensed under section 158.7 or a school of barbering and cosmetology arts and sciences licensed under chapter 157 and is accredited by a national accrediting agency recognized by the United States department of education. For the fiscal year beginning July 1, 2017, an eligible institution under this paragraph shall provide a matching aggregate amount of institutional financial aid equal to at least seventy-five percent of the amount received by the institution’s students for Iowa tuition grant assistance under section 261.16A. For the fiscal year beginning July 1, 2018, the institution shall provide a matching aggregate amount of institutional financial aid equal to at least eighty-five percent of the amount received in that fiscal year. Commencing with the fiscal year beginning July 1, 2019, and each succeeding fiscal year, the matching aggregate amount of institutional financial aid shall be at least equal to the match provided by eligible institutions under paragraph “a”.
    Sec. 35.  Section 261B.11, subsection 1, paragraph i, Code 2022, is amended to read as follows:
   i.  Postsecondary educational institutions licensed by the state of Iowa under section 157.8 or 158.7 chapter 157 to operate as schools of cosmetology arts and sciences or as barber schools in the state.
    Sec. 36.  Section 272C.1, subsection 6, paragraph g, Code 2022, is amended to read as follows:
   g.  The board of barbering and cosmetology arts and sciences, created pursuant to chapter 147.
    Sec. 37.  Section 272C.1, subsection 6, paragraph i, Code 2022, is amended by striking the paragraph.
    Sec. 38.  REPEAL.  Chapter 158, Code 2022, is repealed.
    Sec. 39.  EMERGENCY RULES.  The board of cosmetology arts and sciences, board of barbering, and board of barbering and cosmetology arts and sciences may adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement the provisions of this Act and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any rules adopted in accordance with this section shall also be published as a notice of intended action as provided in section 17A.4.
    Sec. 40.  TRANSITION PROVISIONS.
   1.  a.  The merger of the boards of barbering and cosmetology arts and sciences in this Act shall not affect the appointment or any term of office of a member of either board prior to the effective date of this Act. A member of the board of barbering or the board of cosmetology arts and sciences shall continue to serve until the member’s term expires or the member ceases to hold office, whichever first occurs.
   b.  The initial membership of the board of barbering and cosmetology arts and sciences shall consist of all members of the boards of barbering and cosmetology arts and sciences serving on the effective date of this Act.
   2.  A rule adopted by the board of cosmetology arts and sciences or board of barbering that is in force and effect immediately prior to the effective date of this Act shall continue in full force and effect until the earlier of the following:
   a.  The rule is amended, rescinded, or supplemented by the affirmative action of the board of barbering and cosmetology arts and sciences.
   b.  The rule expires by its own terms.
   3.  Any license or permit issued by the board of cosmetology arts and sciences or board of barbering in effect on the effective date of this Act shall continue in full force and effect until expiration or renewal, except as provided in subsection 8.
   4.  Any funds in any account or fund of the board of cosmetology arts and sciences or board of barbering shall be transferred to the control of the board of barbering and cosmetology arts and sciences.
   5.  Any cause of action, statute of limitation, or administrative action relating to or initiated by the board of cosmetology arts and sciences or board of barbering shall not be affected as a result of this Act and shall apply to the board of barbering and cosmetology arts and sciences.
   6.  All client and organizational files in the possession of the board of cosmetology arts and sciences or board of barbering shall become the property of the board of barbering and cosmetology arts and sciences.
   7.  Any personnel in the state merit system of employment who are mandatorily transferred due to the effect of this Act shall be so transferred without any loss in salary, benefits, or accrued years of service.
   8.  A person licensed as a barber as of July 1, 2022, shall be considered to be a person licensed to practice barbering pursuant to chapter 158, Code 2022, and shall be issued a license to practice barbering upon the expiration of the person’s barbering license. 
   9.  A person currently enrolled in a barbering school in a course of study requiring at least two thousand one hundred hours of instruction must complete the course of study by August 1, 2023.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the practices of barbering and cosmetology. The bill merges the boards of cosmetology arts and sciences and barbering into the board of barbering and cosmetology arts and sciences, repeals Code chapter 158 governing barbering, and makes conforming Code changes. The bill gives the board of barbering and cosmetology arts and sciences all of the powers and responsibilities of the prior boards. The bill provides that current members of the boards of barbering and cosmetology arts and sciences shall become members of the merged board until their terms otherwise expire or they are otherwise replaced. The bill also provides that the current rules of both boards shall remain in effect until the board of barbering and cosmetology arts and sciences amends, rescinds, or supplements the rules, or the rules expire by their own terms. The bill grants the board of barbering, the board of cosmetology arts and sciences, and the board of barbering and cosmetology arts and sciences emergency rulemaking authority to implement the provisions of the bill. The bill also provides other transition provisions.
   The bill changes the definition of “cosmetology” by removing arranging, braiding, and dressing of hair. The bill adds definitions of “barber” and “barbering” consistent with the definitions found in Code chapter 158 (barbering). The bill repeals the definition of the term “salon” and defines the term “establishment” as a fixed place or a place that is readily movable where one or more persons engage in the practice of barbering or cosmetology arts and sciences.
   The bill directs the board of barbering and cosmetology arts and sciences to adopt rules for the licensure of persons who perform the practice of barbering, which shall include a course of study of at least 2,100 hours of instruction. The bill allows licensed barbers to perform shaving or trimming for hair removal by the use of a straight edge razor and directs the board to adopt rules for the provision of such services by a cosmetologist with appropriate training.
   The bill allows a school of barbering and cosmetology arts and sciences to be used for purposes other than student instruction so long as the other activities do not disrupt classes.
   The bill removes manicuring and pedicuring from the required course of study for licensure as a cosmetologist.
   The bill requires an establishment to be inspected at least once every five years and at the time of opening of the establishment and allows an establishment to be inspected upon receipt of a complaint by the department of public health. The bill moves responsibility for conducting inspections from the department of inspections and appeals to the department of public health and directs the board to adopt rules for the administration of inspections, which shall include fees to cover the costs of inspections.
   The bill allows a licensee to practice barbering or cosmetology arts and sciences at a location that is not a licensed establishment or a school of barbering and cosmetology arts and sciences if the board issues an event services permit to the licensee pursuant to rules of the board. The bill also allows a licensee to practice in the home of a customer pursuant to rules of the board.