Senate File 540 - Introduced SENATE FILE 540 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SF 164) 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 1840SV (3) 89 ss/rh
S.F. 540 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, at 16 least one of whom is also a licensed instructor of cosmetology 17 arts and sciences; two members who are licensed to practice 18 barbering and hairstyling; one member who is a licensed 19 electrologist, esthetician, or nail technologist; one member 20 who owns a school of cosmetology arts and sciences; and 21 two members who are not licensed to practice barbering and 22 hairstyling or licensed in a practice of cosmetology arts and 23 sciences and who shall represent the general public. 24 Sec. 6. Section 147.76, Code 2021, is amended to read as 25 follows: 26 147.76 Rules. 27 The boards for the various professions shall adopt all 28 necessary and proper rules to administer and interpret this 29 chapter and chapters 148 through 158 157 , except chapter 148D . 30 Sec. 7. Section 157.1, Code 2021, is amended by adding the 31 following new subsections: 32 NEW SUBSECTION . 01. “Barber and hairstylist” means a 33 person who performs the practice of barbering and hairstyling, 34 or otherwise by the person’s occupation claims to have 35 -1- LSB 1840SV (3) 89 ss/rh 1/ 12
S.F. 540 knowledge or skill particular to the practice of barbering and 1 hairstyling. 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, arranging, 14 dressing, curling, blow waving, hair relaxing, bleaching or 15 coloring the hair, or 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 . 14A. “Hairstyling” means curling, waving, 21 press and curl hair straightening, shampooing, cutting, 22 singeing, bleaching, coloring, or similar works, upon the hair 23 on the head of any person, or upon a wig or hairpiece when done 24 in conjunction with haircutting or styling by any means. 25 Sec. 8. Section 157.1, subsection 1, Code 2021, is amended 26 to read as follows: 27 1. “Board” means the board of barbering and cosmetology arts 28 and sciences. 29 Sec. 9. Section 157.1, subsection 5, paragraph a, Code 2021, 30 is amended to read as follows: 31 a. Arranging, braiding, dressing, Hairstyling, including 32 curling, waving, press and curl hair straightening, shampooing, 33 cutting, singeing, bleaching, coloring, or similar works, upon 34 the hair of any person, or upon a wig or hairpiece when done in 35 -2- LSB 1840SV (3) 89 ss/rh 2/ 12
S.F. 540 conjunction with haircutting or hairstyling by any means. 1 Sec. 10. Section 157.1, subsection 5, Code 2021, is amended 2 by adding the following new paragraphs: 3 NEW PARAGRAPH . f. Nail technology. 4 NEW PARAGRAPH . g. Barbering. 5 Sec. 11. Section 157.1, subsection 6, paragraph e, Code 6 2021, is amended to read as follows: 7 e. Manicuring and pedicuring Hairstyling . 8 Sec. 12. Section 157.1, subsections 26 and 27, Code 2021, 9 are amended to read as follows: 10 26. “Salon” means a fixed establishment or place or an 11 establishment that is readily movable where one or more persons 12 engage in the practice of cosmetology arts and sciences, 13 including, but not limited to, a retail establishment where 14 cosmetologists or barbers and hairstylists engage in the 15 practice of cosmetology arts and sciences. 16 27. “School of barbering and cosmetology arts and sciences” 17 means an establishment operated for the purpose of teaching 18 cosmetology arts and sciences. 19 Sec. 13. Section 157.2, subsection 1, paragraphs b and h, 20 Code 2021, are amended by striking the paragraphs. 21 Sec. 14. Section 157.2, subsection 2, Code 2021, is amended 22 to read as follows: 23 2. Cosmetologists shall not represent themselves to the 24 public as electrologists, estheticians, or nail technologists 25 unless the cosmetologist has completed the additional course of 26 study for the respective practice as prescribed by the board 27 pursuant to section 157.10 . 28 Sec. 15. Section 157.3, subsection 1, paragraph a, Code 29 2021, is amended to read as follows: 30 a. Presents to the department a diploma, or similar 31 evidence, issued by a licensed school of barbering and 32 cosmetology arts and sciences indicating that the applicant 33 has completed the course of study for the appropriate practice 34 of the cosmetology arts and sciences prescribed by the board. 35 -3- LSB 1840SV (3) 89 ss/rh 3/ 12
S.F. 540 An applicant may satisfy this requirement upon presenting a 1 diploma or similar evidence issued by a school in another 2 state, recognized by the board, which provides instruction 3 regarding the practice for which licensure is sought, provided 4 that the course of study is equivalent to or greater in length 5 and scope than that required for a school in this state, and is 6 approved by the board. 7 Sec. 16. Section 157.3, Code 2021, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 3. The board shall adopt rules for the 10 licensure of persons who perform the practice of barbering 11 and hairstyling. A barber and hairstylist licensed pursuant 12 to this subsection shall not practice any cosmetology art or 13 science other than barbering and hairstyling. Nothing in 14 this subsection shall restrict the practice of barbering or 15 hairstyling by a cosmetologist. 16 Sec. 17. Section 157.3A, Code 2021, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 6. Shaving or trimming of a beard by 19 means of a straight edge razor shall only be performed by the 20 following persons: 21 a. A licensed barber and hairstylist. 22 b. A cosmetologist trained and certified in the use of a 23 straight edge razor in compliance with applicable rules of 24 the board. The board shall not require a cosmetologist to 25 complete more than forty clock hours of training to receive a 26 certification under this paragraph. 27 Sec. 18. Section 157.4, subsection 3, paragraph a, Code 28 2021, is amended to read as follows: 29 a. The permit shall be issued for a specific event and may 30 be issued to a salon, school of barbering and cosmetology arts 31 and sciences, or person. 32 Sec. 19. Section 157.7, subsection 1, Code 2021, is amended 33 to read as follows: 34 1. The department of inspections and appeals shall 35 -4- LSB 1840SV (3) 89 ss/rh 4/ 12
S.F. 540 employ personnel pursuant to chapter 8A, subchapter IV , to 1 perform duties related to inspection functions under this 2 chapter . The department of inspections and appeals shall, when 3 possible, integrate inspection efforts under this chapter with 4 inspections conducted under chapter 158 . 5 Sec. 20. Section 157.8, subsection 1, Code 2021, is amended 6 to read as follows: 7 1. It is unlawful for a school of barbering and cosmetology 8 arts and sciences to operate unless the owner has obtained 9 a license issued by the department. The owner shall file a 10 verified application with the department on forms prescribed 11 by the board. 12 Sec. 21. Section 157.8, subsection 2, paragraph c, Code 13 2021, is amended by striking the paragraph. 14 Sec. 22. Section 157.8, subsection 2, paragraph d, Code 15 2021, is amended to read as follows: 16 d. The school of barbering and cosmetology arts and sciences 17 must pass a sanitary inspection under section 157.6 . An annual 18 inspection of each school of barbering and cosmetology arts and 19 sciences, including the educational activities of each school, 20 shall be conducted and completed by the board or its designee 21 prior to renewal of the license. 22 Sec. 23. NEW SECTION . 157.8A Use of schools of barbering 23 and cosmetology arts and sciences. 24 A school of barbering and cosmetology arts and sciences may 25 be used for purposes other than student instruction during 26 scheduled instruction time and work experience time so long as 27 the other activities do not disrupt classes. The board shall 28 adopt rules for the implementation of this section. 29 Sec. 24. 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 -5- LSB 1840SV (3) 89 ss/rh 5/ 12
S.F. 540 or chapter 158 or rules promulgated by the board under the 1 provisions of chapter 17A . 2 Sec. 25. 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, and nail technology , manicuring, and pedicuring 15 shall be established by the board. The board shall adopt rules 16 to 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 of 27 barbering and cosmetology arts and sciences shall be granted, 28 at the discretion of the school, at least half credit and 29 up to full credit for each course successfully completed for 30 licensure as a barber in the practice of barbering which meets 31 the requirements for licensure in a the practice of barbering 32 and hairstyling or the practice of cosmetology arts and 33 sciences. 34 Sec. 26. NEW SECTION . 157.10A Course of study —— barbering 35 -6- LSB 1840SV (3) 89 ss/rh 6/ 12
S.F. 540 and hairstyling. 1 The course of study required for a license to practice 2 barbering and hairstyling shall be one thousand five hundred 3 hours or an equivalent number of semester credit hours or the 4 equivalent thereof. Nothing in this section shall restrict the 5 practice of barbering or hairstyling by a cosmetologist. 6 Sec. 27. Section 157.11, subsection 3, Code 2021, is amended 7 to read as follows: 8 3. A licensed school of barbering and cosmetology arts 9 and sciences at which students practice cosmetology arts and 10 sciences is exempt from licensing as a salon. 11 Sec. 28. Section 157.13, subsection 1, unnumbered paragraph 12 1, Code 2021, is amended to read as follows: 13 It is unlawful for a person to employ an individual to 14 practice cosmetology arts and sciences unless that individual 15 is licensed or has obtained a temporary permit under this 16 chapter . It is unlawful for a licensee to practice with or 17 without compensation in any place other than a licensed salon, 18 or a licensed school of barbering and cosmetology arts and 19 sciences , or a licensed barbershop as defined in section 158.1 . 20 The following exceptions to this subsection shall apply: 21 Sec. 29. Section 157.13, subsection 1, paragraph a, Code 22 2021, is amended to read as follows: 23 a. A licensee may practice at a location which is not 24 a licensed salon, school of barbering and cosmetology arts 25 and sciences, or licensed barbershop under extenuating 26 circumstances arising from physical or mental disability or 27 death of a customer. 28 Sec. 30. Section 158.8, subsection 2, Code 2021, is amended 29 to read as follows: 30 2. A person licensed under section 157.3 who enrolls in 31 a barber school shall be granted full credit for each course 32 successfully completed which meets the requirements of the 33 barber school, which shall be credited toward the two thousand 34 one hundred hour requirement, and the ten-month period does not 35 -7- LSB 1840SV (3) 89 ss/rh 7/ 12
S.F. 540 apply. A person who has been a student in a school of barbering 1 and cosmetology arts and sciences licensed under chapter 157 2 may enroll in a barber school and shall be granted, at the 3 discretion of the school, at least half credit and up to full 4 credit for each course successfully completed which meets the 5 requirements of the barber school. 6 Sec. 31. Section 261.9, subsection 3, paragraph b, Code 7 2021, is amended to read as follows: 8 b. Is a barber school licensed under section 158.7 or 9 a school of barbering and cosmetology arts and sciences 10 licensed under chapter 157 and is accredited by a national 11 accrediting agency recognized by the United States department 12 of education. For the fiscal year beginning July 1, 2017, 13 an eligible institution under this paragraph shall provide a 14 matching aggregate amount of institutional financial aid equal 15 to at least seventy-five percent of the amount received by 16 the institution’s students for Iowa tuition grant assistance 17 under section 261.16A . For the fiscal year beginning July 18 1, 2018, the institution shall provide a matching aggregate 19 amount of institutional financial aid equal to at least 20 eighty-five percent of the amount received in that fiscal year. 21 Commencing with the fiscal year beginning July 1, 2019, and 22 each succeeding fiscal year, the matching aggregate amount of 23 institutional financial aid shall be at least equal to the 24 match provided by eligible institutions under paragraph “a” . 25 Sec. 32. Section 261B.11, subsection 1, paragraph i, Code 26 2021, is amended to read as follows: 27 i. Postsecondary educational institutions licensed by 28 the state of Iowa under section 157.8 or 158.7 chapter 157 29 to operate as schools of cosmetology arts and sciences or as 30 barber schools in the state. 31 Sec. 33. Section 272C.1, subsection 6, paragraph g, Code 32 2021, is amended to read as follows: 33 g. The board of barbering and cosmetology arts and sciences , 34 created pursuant to chapter 147 . 35 -8- LSB 1840SV (3) 89 ss/rh 8/ 12
S.F. 540 Sec. 34. Section 272C.1, subsection 6, paragraph i, Code 1 2021, is amended by striking the paragraph. 2 Sec. 35. Section 714.25, subsection 2, unnumbered paragraph 3 1, Code 2021, is amended to read as follows: 4 A proprietary school shall, prior to the time a student 5 is obligated for payment of any moneys, inform the student, 6 the college student aid commission, and in the case of a 7 school licensed under section 157.8 , the board of barbering 8 and cosmetology arts and sciences or in the case of a school 9 licensed under section 158.7 , the board of barbering, of all 10 of the following: 11 Sec. 36. REPEAL. Chapter 158, Code 2021, is repealed. 12 Sec. 37. EMERGENCY RULES. The board of cosmetology arts 13 and sciences, board of barbering, and board of barbering and 14 cosmetology arts and sciences may adopt emergency rules under 15 section 17A.4, subsection 3, and section 17A.5, subsection 2, 16 paragraph “b”, to implement the provisions of this Act and 17 the rules shall be effective immediately upon filing unless 18 a later date is specified in the rules. Any rules adopted 19 in accordance with this section shall also be published as a 20 notice of intended action as provided in section 17A.4. 21 Sec. 38. TRANSITION PROVISIONS. 22 1. a. The merger of the boards of barbering and cosmetology 23 arts and sciences in this Act shall not affect the appointment 24 or any term of office of a member of either board prior to the 25 effective date of this Act. A member of the board of barbering 26 or the board of cosmetology arts and sciences shall continue to 27 serve until the member’s term expires or the member ceases to 28 hold office, whichever first occurs. 29 b. The initial membership of the board of barbering and 30 cosmetology arts and sciences shall consist of all members 31 of the boards of barbering and cosmetology arts and sciences 32 serving on the effective date of this Act. 33 2. A rule adopted by the board of cosmetology arts and 34 sciences or board of barbering that is in force and effect 35 -9- LSB 1840SV (3) 89 ss/rh 9/ 12
S.F. 540 immediately prior to the effective date of this Act shall 1 continue in full force and effect until the earlier of the 2 following: 3 a. The rule is amended, rescinded, or supplemented by the 4 affirmative action of the board of barbering and cosmetology 5 arts and sciences. 6 b. The rule expires by its own terms. 7 3. Any license or permit issued by the board of cosmetology 8 arts and sciences or board of barbering in effect on the 9 effective date of this Act shall continue in full force and 10 effect until expiration or renewal, except as provided in 11 subsection 8. 12 4. Any funds in any account or fund of the board of 13 cosmetology arts and sciences or board of barbering shall 14 be transferred to the control of the board of barbering and 15 cosmetology arts and sciences. 16 5. Any cause of action, statute of limitation, or 17 administrative action relating to or initiated by the board of 18 cosmetology arts and sciences or board of barbering shall not 19 be affected as a result of this Act and shall apply to the board 20 of barbering and cosmetology arts and sciences. 21 6. All client and organizational files in the possession 22 of the board of cosmetology arts and sciences or board of 23 barbering shall become the property of the board of barbering 24 and cosmetology arts and sciences. 25 7. Any personnel in the state merit system of employment 26 who are mandatorily transferred due to the effect of this Act 27 shall be so transferred without any loss in salary, benefits, 28 or accrued years of service. 29 8. A person licensed as a barber as of the July 1, 2021, 30 shall be considered to be a person licensed to practice 31 barbering and hairstyling and shall be issued a license to 32 practice barbering and hairstyling upon the expiration of the 33 person’s barbering license. Such a license shall permit such a 34 person to continue to practice barbering as provided in chapter 35 -10- LSB 1840SV (3) 89 ss/rh 10/ 12
S.F. 540 158, Code 2021. 1 9. A person currently enrolled in a barbering school in a 2 course of study requiring at least two thousand one hundred 3 hours of instruction must complete the course of study by 4 August 1, 2022. Each school of cosmetology arts and sciences 5 shall offer a course of study in barbering and hairstyling by 6 August 1, 2022. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to the practices of barbering and 11 cosmetology. The bill merges the boards of cosmetology 12 arts and sciences and barbering into the board of barbering 13 and cosmetology arts and sciences, repeals Code chapter 14 158 governing barbering, and makes conforming changes. The 15 bill gives the board of barbering and cosmetology arts and 16 sciences all of the powers and responsibilities of the prior 17 boards. The bill provides that current members of the boards 18 of barbering and cosmetology arts and sciences shall become 19 members of the merged board until their terms otherwise expire 20 or they are otherwise replaced. The bill also provides that 21 the current rules of both boards shall remain in effect until 22 the board of barbering and cosmetology arts and sciences 23 amends, rescinds, or supplements the rules, or the rules expire 24 by their own terms. The bill grants the board of barbering, 25 the board of cosmetology arts and sciences, and the board 26 of barbering and cosmetology arts and sciences emergency 27 rulemaking authority to implement the provisions of the bill. 28 The bill also provides other transition provisions. 29 The bill changes the definition of “cosmetology” by removing 30 arranging, braiding, and dressing of hair and adds hairstyling. 31 The bill also adds nail technology and barbering to the 32 practices encompassed within the definition of “cosmetology”. 33 The bill directs the board of barbering and cosmetology arts 34 and sciences to develop a program for the certification of 35 -11- LSB 1840SV (3) 89 ss/rh 11/ 12
S.F. 540 current cosmetologists to perform shaving with a straight 1 edge razor. The bill removes “manicuring and pedicuring” 2 from the definition of “cosmetology arts and sciences” and 3 changes the definition of “salon” to include a readily movable 4 establishment. 5 The bill sets the training requirements for a license to 6 practice esthetics to 600 hours and the training requirements 7 for a license to practice nail technology to 325 hours. 8 The bill renames schools of cosmetology arts and sciences 9 to “schools of barbering and cosmetology arts and sciences”. 10 The bill allows a school of barbering and cosmetology arts and 11 sciences to be used for purposes other than student instruction 12 so long as the activities do not disturb student instruction. 13 The bill also directs the board of barbering and cosmetology 14 arts and sciences to adopt rules for the licensure of persons 15 who practice barbering and hairstyling. Under current 16 law, cosmetologists and barbers may both provide services 17 that include hairstyling. The bill preserves the ability 18 of cosmetologists to provide such services and instructs 19 the board to create a new license permitting barbering and 20 hairstyling licensees to provide only barbering and hairstyling 21 services. The bill provides a definition of hairstyling 22 and adds hairstyling to the list of cosmetology arts and 23 sciences disciplines. The bill also includes definitions for 24 “barbering” and “hairstyling”. 25 The bill also provides for the development of a process 26 for the licensure of persons who provide both hairstyling and 27 barbering services but who do not practice any of the other 28 cosmetology arts and sciences. 29 -12- LSB 1840SV (3) 89 ss/rh 12/ 12