House
File
711
-
Introduced
HOUSE
FILE
711
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HF
49)
A
BILL
FOR
An
Act
relating
to
the
practice
of
barbering
and
cosmetology
1
arts
and
sciences,
including
establishment
training
2
programs,
schools
of
barbering
and
cosmetology
arts
and
3
sciences,
and
course
of
study.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
157.2,
subsection
1,
Code
2025,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
h.
Persons
providing
services
pursuant
to
an
3
establishment
training
program
authorized
pursuant
to
section
4
157.12D.
5
Sec.
2.
Section
157.2,
subsection
3,
Code
2025,
is
amended
6
to
read
as
follows:
7
3.
With
the
exception
of
hair
removal,
manicuring,
and
nail
8
technology
services,
persons
licensed
under
this
chapter
or
9
participating
in
an
establishment
training
program
authorized
10
pursuant
to
section
157.12D
shall
not
administer
any
procedure
11
in
which
human
tissue
is
cut,
shaped,
vaporized,
or
otherwise
12
structurally
altered.
13
Sec.
3.
Section
157.3,
Code
2025,
is
amended
by
adding
the
14
following
new
subsection:
15
NEW
SUBSECTION
.
3.
Notwithstanding
subsection
1,
a
person
16
who
completes
the
application
form
prescribed
by
the
board
17
and
submits
satisfactory
proof,
signed
by
the
supervising
18
licensees,
of
having
completed
two
thousand
hours
of
supervised
19
practice
under
an
establishment
training
program
pursuant
to
20
section
157.12D
shall
be
allowed
to
take
the
examination
for
a
21
license
to
practice
the
appropriate
practice
of
the
barbering
22
and
cosmetology
arts
and
sciences.
23
Sec.
4.
Section
157.8A,
Code
2025,
is
amended
to
read
as
24
follows:
25
157.8A
Use
of
schools
of
barbering
and
cosmetology
arts
and
26
sciences.
27
1.
A
school
of
barbering
and
cosmetology
arts
and
sciences
28
may
be
used
for
purposes
other
than
student
instruction
so
long
29
as
the
other
activities
do
not
disrupt
classes.
30
2.
An
instructor
employed
by
a
school
of
barbering
and
31
cosmetology
arts
and
sciences
may
perform
barbering
and
32
cosmetology
arts
and
sciences
services
at
the
school
of
33
barbering
and
cosmetology
arts
and
sciences
for
compensation
34
while
not
instructing
students.
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3.
The
board
shall
adopt
rules
for
the
implementation
of
1
this
section
.
2
Sec.
5.
Section
157.10,
subsection
1,
Code
2025,
is
amended
3
by
adding
the
following
new
paragraph:
4
NEW
PARAGRAPH
.
d.
The
board
may
approve
a
course
of
study
5
allowing
a
student
to
simultaneously
study
for
licenses
to
6
practice
both
esthetics
and
nail
technology.
A
student
who
7
partially
completes
a
combined
course
of
study
for
licensure
8
for
the
practice
of
esthetics
and
nail
technology
is
not
9
eligible
for
licensure
for
the
practice
of
esthetics
or
nail
10
technology
unless
the
student
has
completed
the
licensure
11
requirements
for
the
practice
of
esthetics
or
nail
technology.
12
The
board
shall
adopt
rules
pursuant
to
chapter
17A
for
the
13
implementation
of
this
paragraph.
14
Sec.
6.
Section
157.10,
Code
2025,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
4.
The
board
shall
not
approve
a
program
of
17
study
that
includes
a
course
of
study
with
substantially
lower
18
requirements
than
the
requirements
imposed
by
this
chapter
or
19
the
board
for
a
similar
license.
The
board
shall
not
approve
20
a
program
of
study
that
is
substantially
duplicative
of
an
21
approved
program
currently
operating
in
this
state.
22
Sec.
7.
Section
157.11,
subsection
3,
Code
2025,
is
amended
23
to
read
as
follows:
24
3.
A
licensed
school
of
barbering
and
cosmetology
arts
and
25
sciences
at
which
students
or
licensees
practice
barbering
and
26
cosmetology
arts
and
sciences
is
exempt
from
licensing
as
an
27
establishment.
28
Sec.
8.
NEW
SECTION
.
157.12D
Establishment
training
29
program.
30
1.
An
establishment
training
program
is
created.
The
31
board
shall
create
an
establishment
training
program
and
allow
32
establishments
to
register
to
participate
in
the
program.
An
33
establishment
licensed
pursuant
to
section
157.11,
including
34
an
establishment
operating
in
a
residence
pursuant
to
section
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711
157.6
may
participate
in
the
program
by
registering
with
the
1
board.
2
2.
An
establishment
that
registers
with
the
board
may
employ
3
persons,
without
regard
to
the
person’s
licensure
status,
to
4
provide
the
services
of
shampooing,
cutting,
coloring,
and
5
styling
hair
under
the
supervision
of
a
licensee
who
regularly
6
provides
the
services.
A
person
providing
services
without
7
a
license
must
first
complete
two
hours
of
education
related
8
to
barbering
and
cosmetology
laws
in
this
state
and
rules
and
9
sanitation,
as
determined
by
the
board
by
rule,
before
offering
10
services
permitted
under
the
program.
The
establishment
owner
11
is
responsible
for
ensuring
the
education,
training,
skills,
12
and
competence
of
persons
who
provide
services
in
the
owner’s
13
establishment.
14
3.
An
establishment
participating
in
the
establishment
15
training
program
shall
comply
with
all
facility
and
minimum
16
equipment
requirements,
safety
and
infection
control
17
provisions,
inspection
requirements,
management
requirements,
18
and
establishment
licensing
renewal
requirements.
The
19
department
shall
inspect
an
establishment
participating
in
the
20
program
as
the
department
deems
necessary
to
ensure
compliance
21
with
these
requirements.
22
4.
The
establishment
shall
disclose
in
writing
prior
to
23
the
consumer’s
receipt
of
services
from
an
unlicensed
provider
24
that
the
establishment
is
participating
in
the
program
and
25
that
the
provider
is
not
licensed.
The
disclosure
shall
be
26
clearly
legible
and
state:
“This
licensed
establishment
is
27
registered
to
participate
in
an
establishment
training
program.
28
This
establishment
employs
unlicensed
providers
who
work
under
29
the
supervision
of
licensed
providers.
The
services
you
are
30
receiving
are
from
an
unlicensed
provider
participating
in
this
31
program.”
32
5.
In
addition
to
any
other
remedy
provided
by
law,
in
33
an
action
based
on
an
injury
alleged
to
have
occurred
in
an
34
establishment
participating
in
the
establishment
training
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711
program,
a
prevailing
party
may
recover
reasonable
attorney’s
1
fees
and
receive
other
equitable
relief
as
determined
by
the
2
court.
3
6.
In
addition
to
any
other
disciplinary
powers
established
4
pursuant
to
this
chapter,
the
board
may,
when
it
has
probable
5
cause
to
believe
that
human
health
is
endangered,
order
an
6
establishment
participating
in
the
program
to
immediately
cease
7
participation
in
the
program.
The
board
shall
conduct
formal
8
proceedings
pursuant
to
this
chapter
to
determine
whether
the
9
problem
has
been
corrected,
whether
to
suspend,
revoke,
or
10
reinstate
the
establishment’s
participation
in
the
program,
and
11
whether
to
suspend,
revoke,
or
reinstate
the
establishment’s
12
license.
13
7.
For
the
purposes
of
this
section,
“supervision”
means
14
within
the
physical
presence
of
a
licensee
and
the
licensee
is
15
available
to
assist
in
providing
services.
16
Sec.
9.
Section
157.13,
subsection
1,
Code
2025,
is
amended
17
by
adding
the
following
new
paragraph:
18
NEW
PARAGRAPH
.
d.
When
the
practice
is
performed
by
a
19
person
without
a
license
under
the
supervision
of
a
licensee
in
20
an
establishment
registered
with
the
board
pursuant
to
section
21
157.12D.
22
Sec.
10.
Section
157.13,
subsection
4,
unnumbered
paragraph
23
1,
Code
2025,
is
amended
to
read
as
follows:
24
If
the
board
has
reasonable
grounds
to
believe
that
a
person
25
or
establishment
which
is
not
licensed
under
this
chapter
and
26
that
is
not
participating
in
an
establishment
training
program
27
pursuant
to
section
157.12D
has
engaged,
or
is
about
to
engage,
28
in
an
act
or
practice
which
requires
licensure
under
this
29
chapter
,
or
otherwise
violates
a
provision
of
this
chapter
,
the
30
board
may
issue
an
order
to
require
the
unlicensed
person
or
31
establishment
to
comply
with
the
provisions
of
this
chapter
,
32
and
may
impose
a
civil
penalty
not
to
exceed
one
thousand
33
dollars
for
each
violation
of
this
chapter
by
an
unlicensed
34
person
or
establishment.
Each
day
of
a
continued
violation
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after
an
order
or
citation
by
the
board
constitutes
a
separate
1
offense,
with
the
maximum
penalty
not
to
exceed
ten
thousand
2
dollars.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
the
practice
of
barbering
and
7
cosmetology
arts
and
sciences.
8
The
bill
requires
the
board
of
barbering
and
cosmetology
9
arts
and
sciences
(board)
to
create
an
establishment
training
10
program
(program).
The
bill
allows
an
establishment
to
11
participate
in
the
program
by
registering
with
the
board.
The
12
bill
allows
an
establishment
participating
in
the
program
to
13
employ
unlicensed
persons
to
perform
certain
cosmetology
arts
14
and
sciences
under
the
supervision,
defined
in
the
bill,
of
15
a
licensee
who
regularly
provides
those
services.
The
bill
16
requires
an
unlicensed
person
participating
in
the
program
to
17
first
receive
education
regarding
barbering
and
cosmetology
18
laws
and
rules
and
sanitation.
The
owner
of
an
establishment
19
participating
in
the
program
is
responsible
for
ensuring
the
20
education,
training,
skills,
and
competence
of
persons
who
21
provide
services
in
the
owner’s
establishment.
22
The
bill
requires
an
establishment
participating
in
the
23
program
to
comply
with
all
facility
and
minimum
equipment
24
requirements,
safety
and
infection
control
provisions,
25
inspection
requirements,
management
requirements,
and
26
establishment
licensing
renewal
requirements.
The
bill
27
requires
the
department
of
inspections,
appeals,
and
licensing
28
to
inspect
an
establishment
participating
in
the
program
29
as
often
as
it
deems
necessary
to
ensure
compliance
with
30
these
requirements.
The
bill
also
requires
an
establishment
31
participating
in
the
program
to
inform
a
consumer
receiving
32
services
from
an
unlicensed
person
in
writing
prior
to
33
the
provision
of
services.
The
bill
allows
a
person
who
34
has
completed
2,000
hours
of
supervised
practice
under
an
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establishment
training
program
to
apply
to
take
the
examination
1
for
a
license
to
practice
the
appropriate
practice
of
the
2
barbering
and
cosmetology
arts
and
sciences.
3
The
bill
allows
a
party
prevailing
in
an
action
based
4
on
an
injury
alleged
to
have
occurred
in
an
establishment
5
participating
in
the
program
to
recover
reasonable
attorney’s
6
fees
and
receive
other
equitable
relief
as
determined
by
the
7
court.
The
bill
allows
the
board
to
order
an
establishment
8
to
immediately
cease
participation
in
the
program
if
it
has
9
probable
cause
to
believe
that
human
health
is
endangered.
10
The
bill
requires
the
board
to
formally
investigate
an
11
establishment
subject
to
discipline
under
the
bill
and
12
allows
the
board
to
reinstate
or
revoke
the
establishment’s
13
participation
in
the
program,
and
to
suspend,
revoke,
or
14
reinstate
the
establishment’s
license.
15
The
bill
allows
an
instructor
employed
by
a
school
of
16
barbering
and
cosmetology
arts
and
sciences
to
perform
17
barbering
and
cosmetology
arts
and
sciences
services
at
the
18
school
for
compensation
while
not
instructing
services.
19
The
bill
also
allows
the
board
to
approve
a
course
of
20
study
allowing
a
student
to
simultaneously
study
for
licenses
21
to
practice
both
esthetics
and
nail
technology.
The
bill
22
prohibits
the
board
from
approving
a
program
of
study
23
that
includes
a
course
of
study
with
substantially
lower
24
requirements
than
the
requirements
imposed
by
the
Code
or
the
25
board
for
a
similar
license.
The
bill
also
prohibits
the
26
board
from
approving
a
program
of
study
that
is
substantially
27
duplicative
of
an
approved
program
currently
operating
in
this
28
state.
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