Senate
File
164
-
Introduced
SENATE
FILE
164
BY
WHITING
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:
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Section
1.
Section
10A.104,
subsection
14,
Code
2021,
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
2021,
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
2021,
is
amended
9
by
striking
the
subsection.
10
Sec.
4.
Section
147.14,
subsection
1,
paragraphs
a
and
n,
11
Code
2021,
are
amended
by
striking
the
paragraphs.
12
Sec.
5.
Section
147.14,
subsection
1,
Code
2021,
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;
two
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;
one
member
who
owns
a
school
of
cosmetology
22
arts
and
sciences;
and
three
members
who
are
not
licensed
to
23
practice
barbering
and
hairstyling
or
licensed
in
a
practice
24
of
cosmetology
arts
and
sciences
and
who
shall
represent
the
25
general
public.
26
Sec.
6.
Section
147.76,
Code
2021,
is
amended
to
read
as
27
follows:
28
147.76
Rules.
29
The
boards
for
the
various
professions
shall
adopt
all
30
necessary
and
proper
rules
to
administer
and
interpret
this
31
chapter
and
chapters
148
through
158
157
,
except
chapter
148D
.
32
Sec.
7.
Section
157.1,
Code
2021,
is
amended
by
adding
the
33
following
new
subsections:
34
NEW
SUBSECTION
.
01.
“Barber
and
hairstylist”
means
a
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person
who
performs
the
practice
of
barbering
and
hairstyling,
1
or
otherwise
by
the
person’s
occupation
claims
to
have
2
knowledge
or
skill
particular
to
the
practice
of
barbering
and
3
hairstyling.
4
NEW
SUBSECTION
.
001.
“Barbering”
means
the
practices
listed
5
in
this
subsection
performed
with
or
without
compensation.
6
“Barbering”
includes
but
is
not
limited
to
the
following
7
practices
performed
upon
the
upper
part
of
the
human
body
of
8
any
person
for
cosmetic
purposes
and
not
for
the
treatment
of
9
disease
or
physical
or
mental
ailments:
10
a.
Shaving
or
trimming
the
beard,
including
with
a
straight
11
edge
razor,
or
cutting
the
hair.
12
b.
Giving
facial
and
scalp
massages
or
treatments
with
oils,
13
creams,
lotions,
or
other
preparations
either
by
hand,
or
by
14
electrical
or
mechanical
appliances.
15
c.
Singeing,
shampooing,
hair
body
processing,
arranging,
16
dressing,
curling,
blow
waving,
hair
relaxing,
bleaching
or
17
coloring
the
hair,
or
applying
hair
tonics.
18
d.
Applying
cosmetic
preparations,
antiseptics,
powders,
19
oils,
clays,
waxes,
or
lotions
to
the
scalp,
face,
or
neck.
20
e.
Styling,
cutting,
or
shampooing
hairpieces
or
wigs
when
21
done
in
conjunction
with
haircutting
or
hairstyling.
22
NEW
SUBSECTION
.
14A.
“Hairstyling”
means
curling,
waving,
23
press
and
curl
hair
straightening,
shampooing,
cutting,
24
singeing,
bleaching,
coloring,
or
similar
works,
upon
the
hair
25
on
the
head
of
any
person,
or
upon
a
wig
or
hairpiece
when
done
26
in
conjunction
with
haircutting
or
styling
by
any
means.
27
Sec.
8.
Section
157.1,
subsection
1,
Code
2021,
is
amended
28
to
read
as
follows:
29
1.
“Board”
means
the
board
of
barbering
and
cosmetology
arts
30
and
sciences.
31
Sec.
9.
Section
157.1,
subsection
5,
paragraph
a,
Code
2021,
32
is
amended
to
read
as
follows:
33
a.
Arranging,
braiding,
dressing,
Hairstyling,
including
34
curling,
waving,
press
and
curl
hair
straightening,
shampooing,
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cutting,
singeing,
bleaching,
coloring,
or
similar
works,
upon
1
the
hair
of
any
person,
or
upon
a
wig
or
hairpiece
when
done
in
2
conjunction
with
haircutting
or
hairstyling
by
any
means.
3
Sec.
10.
Section
157.1,
subsection
5,
Code
2021,
is
amended
4
by
adding
the
following
new
paragraphs:
5
NEW
PARAGRAPH
.
f.
Esthetics.
6
NEW
PARAGRAPH
.
g.
Nail
technology.
7
NEW
PARAGRAPH
.
h.
Barbering.
8
Sec.
11.
Section
157.1,
subsection
6,
Code
2021,
is
amended
9
by
adding
the
following
new
paragraph:
10
NEW
PARAGRAPH
.
f.
Hairstyling.
11
Sec.
12.
Section
157.1,
subsection
26,
Code
2021,
is
amended
12
to
read
as
follows:
13
26.
“Salon”
means
a
fixed
establishment
or
place
,
or
an
14
establishment
that
is
readily
movable
which
either
operates
up
15
to
three
consecutive
days
at
one
location
or
returns
to
a
home
16
base
at
the
end
of
the
day,
where
one
or
more
persons
engage
17
in
the
practice
of
cosmetology
arts
and
sciences,
including,
18
but
not
limited
to,
a
retail
establishment
where
cosmetologists
19
engage
a
person
engages
in
the
practice
of
cosmetology
arts
and
20
sciences.
21
Sec.
13.
Section
157.2,
subsection
1,
paragraphs
b
and
h,
22
Code
2021,
are
amended
by
striking
the
paragraphs.
23
Sec.
14.
Section
157.2,
subsection
2,
Code
2021,
is
amended
24
to
read
as
follows:
25
2.
Cosmetologists
shall
not
represent
themselves
to
the
26
public
as
electrologists,
estheticians,
or
nail
technologists
27
unless
the
cosmetologist
has
completed
the
additional
course
of
28
study
for
the
respective
practice
as
prescribed
by
the
board
29
pursuant
to
section
157.10
.
30
Sec.
15.
Section
157.3,
Code
2021,
is
amended
by
adding
the
31
following
new
subsection:
32
NEW
SUBSECTION
.
3.
The
board
shall
adopt
rules
for
the
33
licensure
of
persons
who
perform
the
practice
of
barbering
34
and
hairstyling.
A
barber
and
hairstylist
licensed
pursuant
35
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to
this
subsection
shall
not
practice
any
cosmetology
art
or
1
science
other
than
barbering
and
hairstyling.
Nothing
in
2
this
subsection
shall
restrict
the
practice
of
barbering
or
3
hairstyling
by
a
cosmetologist.
4
Sec.
16.
Section
157.3A,
Code
2021,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
6.
Shaving
or
trimming
of
a
beard
by
means
7
of
a
straight
edge
razor
shall
only
be
performed
by
a
licensed
8
cosmetologist
trained
and
certified
in
the
use
of
a
straight
9
edge
razor
in
compliance
with
applicable
rules
of
the
board.
10
The
board
shall
adopt
rules
for
the
training
and
certification
11
of
licensed
cosmetologists
in
the
use
of
a
straight
edge
razor.
12
Sec.
17.
Section
157.7,
subsection
1,
Code
2021,
is
amended
13
to
read
as
follows:
14
1.
The
department
of
inspections
and
appeals
shall
15
employ
personnel
pursuant
to
chapter
8A,
subchapter
IV
,
to
16
perform
duties
related
to
inspection
functions
under
this
17
chapter
.
The
department
of
inspections
and
appeals
shall,
when
18
possible,
integrate
inspection
efforts
under
this
chapter
with
19
inspections
conducted
under
chapter
158
.
20
Sec.
18.
Section
157.8,
subsection
2,
paragraph
c,
Code
21
2021,
is
amended
by
striking
the
paragraph.
22
Sec.
19.
NEW
SECTION
.
157.8A
Use
of
schools
of
cosmetology
23
arts
and
sciences.
24
A
school
of
cosmetology
arts
and
sciences
may
be
used
for
25
purposes
other
than
student
instruction
during
scheduled
26
instruction
time
and
work
experience
time
so
long
as
the
other
27
activities
do
not
disrupt
classes.
The
board
shall
adopt
rules
28
for
the
implementation
of
this
section.
29
Sec.
20.
Section
157.9,
Code
2021,
is
amended
to
read
as
30
follows:
31
157.9
License
suspension
and
revocation.
32
Any
license
issued
by
the
department
under
the
provisions
33
of
this
chapter
may
be
suspended,
revoked,
or
renewal
denied
34
by
the
board
for
violation
of
any
provision
of
this
chapter
35
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164
or
chapter
158
or
rules
promulgated
by
the
board
under
the
1
provisions
of
chapter
17A
.
2
Sec.
21.
Section
157.10,
subsections
1
and
3,
Code
2021,
are
3
amended
to
read
as
follows:
4
1.
a.
The
course
of
study
required
for
licensure
for
the
5
practice
of
cosmetology
shall
be
two
thousand
one
hundred
clock
6
hours,
or
seventy
semester
credit
hours
or
the
equivalent
7
thereof
as
determined
pursuant
to
administrative
rule
and
8
regulations
promulgated
by
the
United
States
department
of
9
education.
The
clock
hours,
and
equivalent
number
of
semester
10
credit
hours
or
the
equivalent
thereof
as
determined
pursuant
11
to
administrative
rule
and
regulations
promulgated
by
the
12
United
States
department
of
education,
of
a
course
of
study
13
required
for
licensure
for
the
practices
of
electrology,
14
esthetics,
nail
technology,
manicuring,
and
pedicuring
shall
15
be
established
by
the
board.
The
board
shall
adopt
rules
to
16
define
the
course
and
content
of
study
for
each
practice
of
17
cosmetology
arts
and
sciences.
18
b.
The
course
of
study
required
for
licensure
which
is
19
limited
to
the
practice
of
esthetics
shall
be
six
hundred
20
hours.
21
c.
The
course
of
study
required
for
licensure
which
is
22
limited
to
the
practice
of
nail
technology
shall
be
three
23
hundred
twenty-five
hours.
24
3.
A
barber
licensed
under
chapter
158
or
a
student
in
25
a
barber
school
who
applies
for
licensure
in
a
practice
of
26
cosmetology
arts
and
sciences
or
who
enrolls
in
a
school
27
of
cosmetology
arts
and
sciences
shall
be
granted,
at
the
28
discretion
of
the
school,
at
least
half
credit
and
up
to
full
29
credit
for
each
course
successfully
completed
for
licensure
30
as
a
barber
which
meets
the
requirements
for
licensure
in
a
31
practice
of
cosmetology
arts
and
sciences.
32
Sec.
22.
NEW
SECTION
.
157.10A
Course
of
study
——
barbering
33
and
hairstyling.
34
The
course
of
study
required
for
a
license
to
practice
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barbering
and
hairstyling
shall
be
one
thousand
five
hundred
1
hours
or
an
equivalent
number
of
semester
credit
hours
or
the
2
equivalent
thereof.
Nothing
in
this
section
shall
restrict
the
3
practice
of
barbering
or
hairstyling
by
a
cosmetologist.
4
Sec.
23.
Section
157.13,
subsection
1,
unnumbered
paragraph
5
1,
Code
2021,
is
amended
to
read
as
follows:
6
It
is
unlawful
for
a
person
to
employ
an
individual
to
7
practice
cosmetology
arts
and
sciences
unless
that
individual
8
is
licensed
or
has
obtained
a
temporary
permit
under
this
9
chapter
.
It
is
unlawful
for
a
licensee
to
practice
with
or
10
without
compensation
in
any
place
other
than
a
licensed
salon,
11
or
a
licensed
school
of
cosmetology
arts
and
sciences
,
or
a
12
licensed
barbershop
as
defined
in
section
158.1
.
The
following
13
exceptions
to
this
subsection
shall
apply:
14
Sec.
24.
Section
261.9,
subsection
3,
paragraph
b,
Code
15
2021,
is
amended
to
read
as
follows:
16
b.
Is
a
barber
school
licensed
under
section
158.7
or
17
a
school
of
cosmetology
arts
and
sciences
licensed
under
18
chapter
157
and
is
accredited
by
a
national
accrediting
agency
19
recognized
by
the
United
States
department
of
education.
For
20
the
fiscal
year
beginning
July
1,
2017,
an
eligible
institution
21
under
this
paragraph
shall
provide
a
matching
aggregate
amount
22
of
institutional
financial
aid
equal
to
at
least
seventy-five
23
percent
of
the
amount
received
by
the
institution’s
students
24
for
Iowa
tuition
grant
assistance
under
section
261.16A
.
25
For
the
fiscal
year
beginning
July
1,
2018,
the
institution
26
shall
provide
a
matching
aggregate
amount
of
institutional
27
financial
aid
equal
to
at
least
eighty-five
percent
of
the
28
amount
received
in
that
fiscal
year.
Commencing
with
the
29
fiscal
year
beginning
July
1,
2019,
and
each
succeeding
fiscal
30
year,
the
matching
aggregate
amount
of
institutional
financial
31
aid
shall
be
at
least
equal
to
the
match
provided
by
eligible
32
institutions
under
paragraph
“a”
.
33
Sec.
25.
Section
261B.11,
subsection
1,
paragraph
i,
Code
34
2021,
is
amended
to
read
as
follows:
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164
i.
Postsecondary
educational
institutions
licensed
by
1
the
state
of
Iowa
under
section
157.8
or
158.7
chapter
157
2
to
operate
as
schools
of
cosmetology
arts
and
sciences
or
as
3
barber
schools
in
the
state.
4
Sec.
26.
Section
272C.1,
subsection
6,
paragraph
g,
Code
5
2021,
is
amended
to
read
as
follows:
6
g.
The
board
of
barbering
and
cosmetology
arts
and
sciences
,
7
created
pursuant
to
chapter
147
.
8
Sec.
27.
Section
272C.1,
subsection
6,
paragraph
i,
Code
9
2021,
is
amended
by
striking
the
paragraph.
10
Sec.
28.
Section
714.25,
subsection
2,
unnumbered
paragraph
11
1,
Code
2021,
is
amended
to
read
as
follows:
12
A
proprietary
school
shall,
prior
to
the
time
a
student
13
is
obligated
for
payment
of
any
moneys,
inform
the
student,
14
the
college
student
aid
commission,
and
in
the
case
of
a
15
school
licensed
under
section
157.8
,
the
board
of
barbering
16
and
cosmetology
arts
and
sciences
or
in
the
case
of
a
school
17
licensed
under
section
158.7
,
the
board
of
barbering,
of
all
18
of
the
following:
19
Sec.
29.
REPEAL.
Chapter
158,
Code
2021,
is
repealed.
20
Sec.
30.
EMERGENCY
RULES.
The
board
of
cosmetology
arts
21
and
sciences,
board
of
barbering,
and
board
of
barbering
and
22
cosmetology
arts
and
sciences
may
adopt
emergency
rules
under
23
section
17A.4,
subsection
3,
and
section
17A.5,
subsection
2,
24
paragraph
“b”,
to
implement
the
provisions
of
this
Act
and
25
the
rules
shall
be
effective
immediately
upon
filing
unless
26
a
later
date
is
specified
in
the
rules.
Any
rules
adopted
27
in
accordance
with
this
section
shall
also
be
published
as
a
28
notice
of
intended
action
as
provided
in
section
17A.4.
29
Sec.
31.
TRANSITION
PROVISIONS.
30
1.
a.
The
merger
of
the
boards
of
barbering
and
cosmetology
31
arts
and
sciences
in
this
Act
shall
not
affect
the
appointment
32
or
any
term
of
office
of
a
member
of
either
board
prior
to
the
33
effective
date
of
this
Act.
A
member
of
the
board
of
barbering
34
or
the
board
of
cosmetology
arts
and
sciences
shall
continue
to
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serve
until
the
member’s
term
expires
or
the
member
ceases
to
1
hold
office,
whichever
first
occurs.
2
b.
The
initial
membership
of
the
board
of
barbering
and
3
cosmetology
arts
and
sciences
shall
consist
of
all
members
4
of
the
boards
of
barbering
and
cosmetology
arts
and
sciences
5
serving
on
the
effective
date
of
this
Act.
6
2.
A
rule
adopted
by
the
board
of
cosmetology
arts
and
7
sciences
or
board
of
barbering
that
is
in
force
and
effect
8
immediately
prior
to
the
effective
date
of
this
Act
shall
9
continue
in
full
force
and
effect
until
the
earlier
of
the
10
following:
11
a.
The
rule
is
amended,
rescinded,
or
supplemented
by
the
12
affirmative
action
of
the
board
of
barbering
and
cosmetology
13
arts
and
sciences.
14
b.
The
rule
expires
by
its
own
terms.
15
3.
Any
license
or
permit
issued
by
the
board
of
cosmetology
16
arts
and
sciences
or
board
of
barbering
in
effect
on
the
17
effective
date
of
this
Act
shall
continue
in
full
force
and
18
effect
until
expiration
or
renewal.
19
4.
Any
funds
in
any
account
or
fund
of
the
board
of
20
cosmetology
arts
and
sciences
or
board
of
barbering
shall
21
be
transferred
to
the
control
of
the
board
of
barbering
and
22
cosmetology
arts
and
sciences.
23
5.
Any
cause
of
action,
statute
of
limitation,
or
24
administrative
action
relating
to
or
initiated
by
the
board
of
25
cosmetology
arts
and
sciences
or
board
of
barbering
shall
not
26
be
affected
as
a
result
of
this
Act
and
shall
apply
to
the
board
27
of
barbering
and
cosmetology
arts
and
sciences.
28
6.
All
client
and
organizational
files
in
the
possession
29
of
the
board
of
cosmetology
arts
and
sciences
or
board
of
30
barbering
shall
become
the
property
of
the
board
of
barbering
31
and
cosmetology
arts
and
sciences.
32
7.
Any
personnel
in
the
state
merit
system
of
employment
33
who
are
mandatorily
transferred
due
to
the
effect
of
this
Act
34
shall
be
so
transferred
without
any
loss
in
salary,
benefits,
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or
accrued
years
of
service.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
the
practices
of
barbering
and
5
cosmetology.
The
bill
merges
the
boards
of
cosmetology
6
arts
and
sciences
and
barbering
into
the
board
of
barbering
7
and
cosmetology
arts
and
sciences,
repeals
Code
chapter
8
158
governing
barbering,
and
makes
conforming
changes.
The
9
bill
gives
the
board
of
barbering
and
cosmetology
arts
and
10
sciences
all
of
the
powers
and
responsibilities
of
the
prior
11
boards.
The
bill
provides
that
current
members
of
the
boards
12
of
barbering
and
cosmetology
arts
and
sciences
shall
become
13
members
of
the
merged
board
until
their
terms
otherwise
expire
14
or
they
are
otherwise
replaced.
The
bill
also
provides
that
15
the
current
rules
of
both
boards
shall
remain
in
effect
until
16
the
board
of
barbering
and
cosmetology
arts
and
sciences
17
amends,
rescinds,
or
supplements
the
rules,
or
the
rules
expire
18
by
their
own
terms.
The
bill
grants
the
board
of
barbering,
19
the
board
of
cosmetology
arts
and
sciences,
and
the
board
20
of
barbering
and
cosmetology
arts
and
sciences
emergency
21
rulemaking
authority
to
implement
the
provisions
of
the
bill.
22
The
bill
also
provides
other
transition
provisions.
23
The
bill
changes
the
definition
of
“cosmetology”
by
removing
24
arranging,
braiding,
and
dressing
of
hair
and
adds
hairstyling.
25
The
bill
also
adds
esthetics,
nail
technology,
and
barbering
26
to
the
practices
encompassed
within
the
definition
of
27
“cosmetology”.
The
bill
directs
the
board
of
barbering
and
28
cosmetology
arts
and
sciences
to
develop
a
program
for
the
29
certification
of
current
cosmetologists
to
perform
shaving
with
30
a
straight
edge
razor.
31
The
bill
sets
the
training
requirements
for
a
license
to
32
practice
esthetics
to
600
hours
and
the
training
requirements
33
for
a
license
to
practice
nail
technology
to
325
hours.
34
The
bill
allows
a
school
of
cosmetology
arts
and
sciences
to
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be
used
for
purposes
other
than
student
instruction
so
long
as
1
the
activities
do
not
disturb
student
instruction.
2
The
bill
also
directs
the
board
of
barbering
and
cosmetology
3
arts
and
sciences
to
adopt
rules
for
the
licensure
of
persons
4
who
practice
barbering
and
hairstyling.
Under
current
5
law,
cosmetologists
and
barbers
may
both
provide
services
6
that
include
hairstyling.
The
bill
preserves
the
ability
7
of
cosmetologists
to
provide
such
services
and
instructs
8
the
board
to
create
a
new
license
permitting
barbering
and
9
hairstyling
licensees
to
provide
only
barbering
and
hairstyling
10
services.
The
bill
provides
a
definition
of
hairstyling
11
and
adds
hairstyling
to
the
list
of
cosmetology
arts
and
12
sciences
disciplines.
The
bill
also
includes
definitions
for
13
“barbering”
and
“hairstyling”.
14
The
bill
also
provides
for
the
development
of
a
process
15
for
the
licensure
of
persons
who
provide
both
hairstyling
and
16
barbering
services
but
who
do
not
practice
any
of
the
other
17
cosmetology
arts
and
sciences.
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