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: 3 TLSB 1840XS (2) 89 ss/rh
S.F. 164 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 35 -1- LSB 1840XS (2) 89 ss/rh 1/ 10
S.F. 164 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, 35 -2- LSB 1840XS (2) 89 ss/rh 2/ 10
S.F. 164 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 -3- LSB 1840XS (2) 89 ss/rh 3/ 10
S.F. 164 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 -4- LSB 1840XS (2) 89 ss/rh 4/ 10
S.F. 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 35 -5- LSB 1840XS (2) 89 ss/rh 5/ 10
S.F. 164 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: 35 -6- LSB 1840XS (2) 89 ss/rh 6/ 10
S.F. 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 35 -7- LSB 1840XS (2) 89 ss/rh 7/ 10
S.F. 164 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, 35 -8- LSB 1840XS (2) 89 ss/rh 8/ 10
S.F. 164 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 35 -9- LSB 1840XS (2) 89 ss/rh 9/ 10
S.F. 164 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. 18 -10- LSB 1840XS (2) 89 ss/rh 10/ 10