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: 5 TLSB 2099HV (3) 91 ss/ko
H.F. 711 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. 35 -1- LSB 2099HV (3) 91 ss/ko 1/ 6
H.F. 711 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 35 -2- LSB 2099HV (3) 91 ss/ko 2/ 6
H.F. 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 35 -3- LSB 2099HV (3) 91 ss/ko 3/ 6
H.F. 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 35 -4- LSB 2099HV (3) 91 ss/ko 4/ 6
H.F. 711 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 35 -5- LSB 2099HV (3) 91 ss/ko 5/ 6
H.F. 711 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. 29 -6- LSB 2099HV (3) 91 ss/ko 6/ 6