S.F. 2209 Section 1. Section 10A.104, subsection 14, Code 2022, is 1 amended to read as follows: 2 14. Administer inspections of cosmetology salons 3 establishments under section 157.7 and barbershops under 4 section 158.6 chapter 157 . 5 Sec. 2. Section 147.13, subsection 11, Code 2022, is amended 6 to read as follows: 7 11. For cosmetology arts and sciences, the board of 8 barbering and cosmetology arts and sciences. 9 Sec. 3. Section 147.13, subsection 12, Code 2022, is amended 10 by striking the subsection. 11 Sec. 4. Section 147.14, subsection 1, paragraphs a and n, 12 Code 2022, are amended by striking the paragraphs. 13 Sec. 5. Section 147.14, subsection 1, Code 2022, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . x. For barbering and cosmetology arts and 16 sciences, three members who are licensed cosmetologists, at 17 least one of whom is also a licensed instructor of cosmetology 18 arts and sciences; two members who are licensed to practice 19 barbering and hairstyling; one member who is a licensed 20 electrologist, esthetician, or nail technologist; one member 21 who owns a school of cosmetology arts and sciences; and 22 two members who are not licensed to practice barbering and 23 hairstyling or licensed in a practice of cosmetology arts and 24 sciences and who shall represent the general public. 25 Sec. 6. Section 147.76, Code 2022, 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 2022, is amended by adding the 32 following new subsections: 33 NEW SUBSECTION . 01. “Barber” means a person who performs 34 the practice of barbering, or otherwise by the person’s 35 -1- LSB 6070XS (4) 89 ss/rh 1/ 11

S.F. 2209 occupation claims to have knowledge or skill particular to the 1 practice of barbering. 2 NEW SUBSECTION . 001. “Barbering” means the practices listed 3 in this subsection performed with or without compensation. 4 “Barbering” includes but is not limited to the following 5 practices performed upon the upper part of the human body of 6 any person for cosmetic purposes and not for the treatment of 7 disease or physical or mental ailments: 8 a. Shaving or trimming for hair removal by the use of a 9 straight edge razor. 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, curling, 14 blow waving, hair relaxing, bleaching or coloring the hair, or 15 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 . 10A. “Establishment” means a fixed place 21 or a place that is readily movable where one or more persons 22 engage in the practice of cosmetology arts and sciences or 23 barbering, including but not limited to a retail establishment. 24 Sec. 8. Section 157.1, subsection 1, Code 2022, is amended 25 to read as follows: 26 1. “Board” means the board of barbering and cosmetology arts 27 and sciences. 28 Sec. 9. Section 157.1, subsection 26, Code 2022, is amended 29 by striking the subsection. 30 Sec. 10. Section 157.1, subsection 27, Code 2022, is amended 31 to read as follows: 32 27. “School of barbering and cosmetology arts and sciences” 33 means an establishment operated for the purpose of teaching 34 cosmetology arts and sciences. 35 -2- LSB 6070XS (4) 89 ss/rh 2/ 11

S.F. 2209 Sec. 11. Section 157.2, subsection 1, paragraphs b and c, 1 Code 2022, are amended to read as follows: 2 b. Licensed barbers who practice barbering as defined in 3 section 158.1 . 4 c. Students enrolled in licensed schools of barbering 5 and cosmetology arts and sciences or barber schools who are 6 practicing under the instruction or immediate supervision of 7 an instructor. 8 Sec. 12. Section 157.2, subsection 1, paragraph h, Code 9 2022, is amended by striking the paragraph. 10 Sec. 13. Section 157.2, subsection 2, Code 2022, is amended 11 to read as follows: 12 2. Cosmetologists shall not represent themselves to the 13 public as electrologists, estheticians, or nail technologists 14 unless the cosmetologist has completed the additional course of 15 study for the respective practice as prescribed by the board 16 pursuant to section 157.10 . 17 Sec. 14. Section 157.3, subsection 1, paragraph a, Code 18 2022, is amended to read as follows: 19 a. Presents to the department a diploma, or similar 20 evidence, issued by a licensed school of barbering and 21 cosmetology arts and sciences indicating that the applicant 22 has completed the course of study for the appropriate practice 23 of the cosmetology arts and sciences prescribed by the board. 24 An applicant may satisfy this requirement upon presenting a 25 diploma or similar evidence issued by a school in another 26 state, recognized by the board, which provides instruction 27 regarding the practice for which licensure is sought, provided 28 that the course of study is equivalent to or greater in length 29 and scope than that required for a school in this state, and is 30 approved by the board. 31 Sec. 15. Section 157.4, subsection 3, paragraph a, Code 32 2022, is amended to read as follows: 33 a. The permit shall be issued for a specific event and may 34 be issued to a salon an establishment , school of barbering and 35 -3- LSB 6070XS (4) 89 ss/rh 3/ 11

S.F. 2209 cosmetology arts and sciences, or person. 1 Sec. 16. Section 157.6, Code 2022, is amended to read as 2 follows: 3 157.6 Sanitary rules —— practice in the home. 4 The department shall prescribe sanitary rules for salons 5 establishments and schools of barbering and cosmetology arts 6 and sciences which shall include the sanitary conditions 7 necessary for the practice of cosmetology arts and sciences 8 and for the prevention of infectious and contagious diseases. 9 Subject to local zoning ordinances, a salon an establishment 10 may be established in a residence if a room other than the 11 living quarters is equipped for that purpose. The department 12 shall enforce this section and make necessary inspections for 13 enforcement purposes. 14 Sec. 17. Section 157.7, subsection 1, Code 2022, is amended 15 to read as follows: 16 1. The department of inspections and appeals shall 17 employ personnel pursuant to chapter 8A, subchapter IV , to 18 perform duties related to inspection functions under this 19 chapter . The department of inspections and appeals shall, when 20 possible, integrate inspection efforts under this chapter with 21 inspections conducted under chapter 158 . 22 Sec. 18. Section 157.8, subsection 1, Code 2022, is amended 23 to read as follows: 24 1. It is unlawful for a school of barbering and cosmetology 25 arts and sciences to operate unless the owner has obtained 26 a license issued by the department. The owner shall file a 27 verified application with the department on forms prescribed 28 by the board. 29 Sec. 19. Section 157.8, subsection 2, paragraph c, Code 30 2022, is amended by striking the paragraph. 31 Sec. 20. Section 157.8, subsection 2, paragraph d, Code 32 2022, is amended to read as follows: 33 d. The school of barbering and cosmetology arts and sciences 34 must pass a sanitary inspection under section 157.6 . An annual 35 -4- LSB 6070XS (4) 89 ss/rh 4/ 11

S.F. 2209 inspection of each school of barbering and cosmetology arts and 1 sciences, including the educational activities of each school, 2 shall be conducted and completed by the board or its designee 3 prior to renewal of the license. 4 Sec. 21. Section 157.9, Code 2022, is amended to read as 5 follows: 6 157.9 License suspension and revocation. 7 Any license issued by the department under the provisions 8 of this chapter may be suspended, revoked, or renewal denied 9 by the board for violation of any provision of this chapter 10 or chapter 158 or rules promulgated by the board under the 11 provisions of chapter 17A . 12 Sec. 22. Section 157.10, subsection 3, Code 2022, is amended 13 to read as follows: 14 3. A barber licensed under chapter 158 or a student in 15 a barber school who applies for licensure in a practice of 16 cosmetology arts and sciences or who enrolls in a school of 17 barbering and cosmetology arts and sciences shall be granted, 18 at the discretion of the school, at least half credit and 19 up to full credit for each course successfully completed for 20 licensure as a barber in the practice of barbering which meets 21 the requirements for licensure in a the practice of barbering 22 or the practice of cosmetology arts and sciences. 23 Sec. 23. NEW SECTION . 157.10A Course of study —— barbering. 24 1. The course of study for a license to practice barbering 25 shall consist of at least two thousand one hundred hours of 26 instruction as prescribed by the board and shall include 27 instruction in all phases of the practice of barbering. The 28 course shall require at least ten months of instruction for 29 completion. 30 2. The course shall include not less than three hundred 31 hours of demonstrations and lectures in law; ethics; 32 equipment; shop management; the history of barbering; 33 sanitation; sterilization; personal hygiene; first aid; 34 bacteriology; anatomy; scalp, skin, hair and their common 35 -5- LSB 6070XS (4) 89 ss/rh 5/ 11

S.F. 2209 disorders; electricity as applied to barbering; chemistry and 1 pharmacology; scalp care; hair body processing; hairpieces; 2 honing and stropping; shaving; facials, massage and packs; 3 haircutting; hair tonics; dyeing and bleaching; instruments; 4 soaps; and shampoos, creams, lotions, waxes, and tonics. 5 3. The course shall include not less than one thousand four 6 hundred hours of supervised practical instruction in scalp care 7 and shampooing, honing and stropping, shaving, haircutting, 8 hairstyling and blow waving, dyeing and bleaching, hair body 9 processing, facials, waxing, massage and packs, beard and 10 mustache trimming, and hairpieces. 11 Sec. 24. Section 157.11, Code 2022, is amended to read as 12 follows: 13 157.11 Salon Establishment licenses. 14 1. A salon An establishment shall not operate unless the 15 owner has obtained a license issued by the department. The 16 owner shall apply to the department on forms prescribed by the 17 board. The department may perform a sanitary inspection of 18 each salon establishment biennially and may perform a sanitary 19 inspection of a salon an establishment prior to the issuance of 20 a license. An inspection of a salon an establishment may also 21 be conducted upon receipt of a complaint by the department. 22 2. The application shall be accompanied by the biennial 23 license fee determined pursuant to section 147.80 . The license 24 is valid for two years and may be renewed. 25 3. A licensed school of barbering and cosmetology arts 26 and sciences at which students practice cosmetology arts and 27 sciences or barbering is exempt from licensing as a salon an 28 establishment . 29 Sec. 25. Section 157.12, Code 2022, is amended to read as 30 follows: 31 157.12 Supervisors. 32 A person who directly supervises the work of practitioners 33 of cosmetology arts and sciences shall be licensed in the 34 practice supervised or a barber licensed under section 158.3 . 35 -6- LSB 6070XS (4) 89 ss/rh 6/ 11

S.F. 2209 Sec. 26. Section 157.13, subsection 1, unnumbered paragraph 1 1, Code 2022, is amended to read as follows: 2 It is unlawful for a person to employ an individual to 3 practice cosmetology arts and sciences unless that individual 4 is licensed or has obtained a temporary permit under this 5 chapter . It is unlawful for a licensee to practice with 6 or without compensation in any place other than a licensed 7 salon establishment , or a licensed school of barbering and 8 cosmetology arts and sciences , or a licensed barbershop as 9 defined in section 158.1 . The following exceptions to this 10 subsection shall apply: 11 Sec. 27. Section 157.13, subsection 1, paragraph a, Code 12 2022, is amended to read as follows: 13 a. A licensee may practice at a location which is not 14 a licensed salon establishment , school of barbering and 15 cosmetology arts and sciences, or licensed barbershop under 16 extenuating circumstances arising from physical or mental 17 disability or death of a customer. 18 Sec. 28. Section 157.13, subsection 3, Code 2022, is amended 19 to read as follows: 20 3. If the owner or manager of a salon an establishment does 21 not comply with the sanitary rules adopted under section 157.6 22 or fails to maintain the salon establishment as prescribed by 23 rules of the department, the department may notify the owner 24 or manager in writing of the failure to comply. If the rules 25 are not complied with within five days after receipt of the 26 written notice by the owner or manager, the department shall in 27 writing order the salon establishment closed until the rules 28 are complied with. It is unlawful for a person to practice 29 in a salon an establishment which has been closed under this 30 section . The county attorney in each county shall assist the 31 department in enforcing this section . 32 Sec. 29. Section 261.9, subsection 3, paragraph b, Code 33 2022, is amended to read as follows: 34 b. Is a barber school licensed under section 158.7 or 35 -7- LSB 6070XS (4) 89 ss/rh 7/ 11

S.F. 2209 a school of barbering and cosmetology arts and sciences 1 licensed under chapter 157 and is accredited by a national 2 accrediting agency recognized by the United States department 3 of education. For the fiscal year beginning July 1, 2017, 4 an eligible institution under this paragraph shall provide a 5 matching aggregate amount of institutional financial aid equal 6 to at least seventy-five percent of the amount received by 7 the institution’s students for Iowa tuition grant assistance 8 under section 261.16A . For the fiscal year beginning July 9 1, 2018, the institution shall provide a matching aggregate 10 amount of institutional financial aid equal to at least 11 eighty-five percent of the amount received in that fiscal year. 12 Commencing with the fiscal year beginning July 1, 2019, and 13 each succeeding fiscal year, the matching aggregate amount of 14 institutional financial aid shall be at least equal to the 15 match provided by eligible institutions under paragraph “a” . 16 Sec. 30. Section 261B.11, subsection 1, paragraph i, Code 17 2022, is amended to read as follows: 18 i. Postsecondary educational institutions licensed by 19 the state of Iowa under section 157.8 or 158.7 chapter 157 20 to operate as schools of cosmetology arts and sciences or as 21 barber schools in the state. 22 Sec. 31. Section 272C.1, subsection 6, paragraph g, Code 23 2022, is amended to read as follows: 24 g. The board of barbering and cosmetology arts and sciences , 25 created pursuant to chapter 147 . 26 Sec. 32. Section 272C.1, subsection 6, paragraph i, Code 27 2022, is amended by striking the paragraph. 28 Sec. 33. REPEAL. Chapter 158, Code 2022, is repealed. 29 Sec. 34. EMERGENCY RULES. The board of cosmetology arts 30 and sciences, board of barbering, and board of barbering and 31 cosmetology arts and sciences may adopt emergency rules under 32 section 17A.4, subsection 3, and section 17A.5, subsection 2, 33 paragraph “b”, to implement the provisions of this Act and 34 the rules shall be effective immediately upon filing unless 35 -8- LSB 6070XS (4) 89 ss/rh 8/ 11

S.F. 2209 a later date is specified in the rules. Any rules adopted 1 in accordance with this section shall also be published as a 2 notice of intended action as provided in section 17A.4. 3 Sec. 35. TRANSITION PROVISIONS. 4 1. a. The merger of the boards of barbering and cosmetology 5 arts and sciences in this Act shall not affect the appointment 6 or any term of office of a member of either board prior to the 7 effective date of this Act. A member of the board of barbering 8 or the board of cosmetology arts and sciences shall continue to 9 serve until the member’s term expires or the member ceases to 10 hold office, whichever first occurs. 11 b. The initial membership of the board of barbering and 12 cosmetology arts and sciences shall consist of all members 13 of the boards of barbering and cosmetology arts and sciences 14 serving on the effective date of this Act. 15 2. A rule adopted by the board of cosmetology arts and 16 sciences or board of barbering that is in force and effect 17 immediately prior to the effective date of this Act shall 18 continue in full force and effect until the earlier of the 19 following: 20 a. The rule is amended, rescinded, or supplemented by the 21 affirmative action of the board of barbering and cosmetology 22 arts and sciences. 23 b. The rule expires by its own terms. 24 3. Any license or permit issued by the board of cosmetology 25 arts and sciences or board of barbering in effect on the 26 effective date of this Act shall continue in full force and 27 effect until expiration or renewal, except as provided in 28 subsection 8. 29 4. Any funds in any account or fund of the board of 30 cosmetology arts and sciences or board of barbering shall 31 be transferred to the control of the board of barbering and 32 cosmetology arts and sciences. 33 5. Any cause of action, statute of limitation, or 34 administrative action relating to or initiated by the board of 35 -9- LSB 6070XS (4) 89 ss/rh 9/ 11

S.F. 2209 cosmetology arts and sciences or board of barbering shall not 1 be affected as a result of this Act and shall apply to the board 2 of barbering and cosmetology arts and sciences. 3 6. All client and organizational files in the possession 4 of the board of cosmetology arts and sciences or board of 5 barbering shall become the property of the board of barbering 6 and cosmetology arts and sciences. 7 7. Any personnel in the state merit system of employment 8 who are mandatorily transferred due to the effect of this Act 9 shall be so transferred without any loss in salary, benefits, 10 or accrued years of service. 11 8. A person licensed as a barber as of July 1, 2022, shall 12 be considered to be a person licensed to practice barbering 13 pursuant to chapter 157 and shall be issued a license to 14 practice barbering pursuant to chapter 157 upon the expiration 15 of the person’s barbering license. 16 9. A person currently enrolled in a barbering school in a 17 course of study requiring at least two thousand one hundred 18 hours of instruction must complete the course of study by 19 August 1, 2023. Each school of cosmetology arts and sciences 20 shall offer a course of study in barbering by August 1, 2023. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to the practices of barbering and 25 cosmetology. The bill merges the boards of cosmetology 26 arts and sciences and barbering into the board of barbering 27 and cosmetology arts and sciences, repeals Code chapter 158 28 (barbering), and makes conforming changes. The bill gives 29 the board of barbering and cosmetology arts and sciences all 30 of the powers and responsibilities of the prior boards. The 31 bill provides that current members of the boards of barbering 32 and cosmetology arts and sciences shall become members of the 33 merged board until their terms expire or they are otherwise 34 replaced. The bill also provides that the current rules 35 -10- LSB 6070XS (4) 89 ss/rh 10/ 11

S.F. 2209 of both boards shall remain in effect until the board of 1 barbering and cosmetology arts and sciences amends, rescinds, 2 or supplements the rules, or the rules expire by their own 3 terms. The bill grants the board of barbering, the board of 4 cosmetology arts and sciences, and the board of barbering and 5 cosmetology arts and sciences emergency rulemaking authority 6 to implement the provisions of the bill. The bill provides 7 additional transition provisions. 8 The bill moves the regulation of barbers to the control of 9 the board of barbering and cosmetology arts and sciences and 10 includes educational requirements for barbers identical to 11 those currently found in Code chapter 158 (barbering). The 12 bill repeals the definition of “salon” and replaces it with 13 a definition for “establishment”, which includes a fixed or 14 readily movable location where cosmetology arts and sciences 15 or barbering is practiced. The bill also renames schools of 16 cosmetology arts and sciences to “schools of barbering and 17 cosmetology arts and sciences” and requires such schools to 18 offer a course in barbering by August 1, 2023. 19 -11- LSB 6070XS (4) 89 ss/rh 11/ 11