House File 652 - Reprinted HOUSE FILE 652 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 211) (COMPANION TO SF 387 BY COMMITTEE ON STATE GOVERNMENT) (As Amended and Passed by the House March 22, 2023 ) 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 HF 652 (2) 90 ss/rh/md

H.F. 652 Section 1. Section 10A.104, subsection 14, Code 2023, 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 2023, 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 2023, is amended 10 by striking the subsection. 11 Sec. 4. Section 147.14, subsection 1, paragraphs a and n, 12 Code 2023, are amended by striking the paragraphs. 13 Sec. 5. Section 147.14, subsection 1, Code 2023, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . x. For barbering and cosmetology arts 16 and sciences, three members who are licensed barbers or 17 cosmetologists, at least one of whom is also a licensed 18 instructor of cosmetology arts and sciences; one member who is 19 a licensed electrologist, esthetician, or nail technologist; 20 one member who owns a school of cosmetology arts and sciences; 21 and one member who is not licensed in the practice of 22 cosmetology arts and sciences and who shall represent the 23 general public. 24 Sec. 6. Section 147.76, Code 2023, 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 2023, is amended by adding the 31 following new subsections: 32 NEW SUBSECTION . 001. “Barbering” means the practices listed 33 in this subsection performed with or without compensation. 34 “Barbering” includes but is not limited to the following 35 -1- HF 652 (2) 90 ss/rh/md 1/ 13

H.F. 652 practices performed upon the upper part of the human body of 1 any person for cosmetic purposes and not for the treatment of 2 disease or physical or mental ailments: 3 a. Shaving or trimming for hair removal by the use of a 4 straight edge razor. 5 b. Giving facial and scalp massages or treatments with oils, 6 creams, lotions, or other preparations either by hand, or by 7 electrical or mechanical appliances. 8 c. Singeing, shampooing, hair body processing, curling, 9 blow waving, hair relaxing, bleaching or coloring the hair, or 10 applying hair tonics. 11 d. Applying cosmetic preparations, antiseptics, powders, 12 oils, clays, waxes, or lotions to the scalp, face, or neck. 13 e. Styling, cutting, or shampooing hairpieces or wigs when 14 done in conjunction with haircutting or hairstyling. 15 NEW SUBSECTION . 10A. “Establishment” means a fixed location 16 or a location that is readily movable where one or more persons 17 engage in the practice of cosmetology arts and sciences, 18 including but not limited to a retail establishment. 19 Sec. 8. Section 157.1, subsections 1 and 4, Code 2023, are 20 amended to read as follows: 21 1. “Board” means the board of barbering and cosmetology arts 22 and sciences. 23 4. “Cosmetologist” or “barber” means a person who performs 24 the practice of cosmetology, or otherwise by the person’s 25 occupation claims to have knowledge or skill particular to the 26 practice of cosmetology. Cosmetologists and barbers shall not 27 represent themselves to the public as being primarily in the 28 practice of haircutting unless that function is, in fact, their 29 primary specialty. 30 Sec. 9. Section 157.1, subsection 5, paragraph a, Code 2023, 31 is amended to read as follows: 32 a. Arranging, braiding, dressing, Hairstyling, including 33 curling, waving, press and curl hair straightening, shampooing, 34 cutting, singeing, bleaching, coloring, or similar works, upon 35 -2- HF 652 (2) 90 ss/rh/md 2/ 13

H.F. 652 the hair of any person, or upon a wig or hairpiece when done in 1 conjunction with haircutting or hairstyling by any means. 2 Sec. 10. Section 157.1, subsection 5, Code 2023, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . f. Barbering. 5 Sec. 11. Section 157.1, subsection 6, paragraph e, Code 6 2023, is amended by striking the paragraph. 7 Sec. 12. Section 157.1, subsection 26, Code 2023, is amended 8 by striking the subsection. 9 Sec. 13. Section 157.1, subsection 27, Code 2023, is amended 10 by striking the subsection and inserting in lieu thereof the 11 following: 12 27. “School of barbering and cosmetology arts and sciences” 13 means an establishment operated for the purpose of teaching 14 cosmetology arts and sciences. 15 Sec. 14. Section 157.2, subsection 1, paragraphs b and h, 16 Code 2023, are amended by striking the paragraphs. 17 Sec. 15. Section 157.2, subsection 2, Code 2023, is amended 18 to read as follows: 19 2. Cosmetologists and barbers shall not represent 20 themselves to the public as electrologists, estheticians, or 21 nail technologists unless the cosmetologist or barber has 22 completed the additional course of study for the respective 23 practice as prescribed by the board pursuant to section 157.10 . 24 Sec. 16. Section 157.3, subsection 1, unnumbered paragraph 25 1, Code 2023, is amended to read as follows: 26 An applicant who is at least sixteen years of age and has 27 graduated from high school successfully completed tenth grade 28 or its equivalent shall be issued a license to practice any of 29 the cosmetology arts and sciences by the department when the 30 applicant satisfies all of the following: 31 Sec. 17. Section 157.3, subsection 1, paragraph a, Code 32 2023, is amended to read as follows: 33 a. Presents to the department a diploma, or similar 34 evidence, issued by a licensed school of barbering and 35 -3- HF 652 (2) 90 ss/rh/md 3/ 13

H.F. 652 cosmetology arts and sciences indicating that the applicant 1 has completed the course of study for the appropriate practice 2 of the cosmetology arts and sciences prescribed by the board. 3 An applicant may satisfy this requirement upon presenting a 4 diploma or similar evidence issued by a school in another 5 state, recognized by the board, which provides instruction 6 regarding the practice for which licensure is sought, provided 7 that the course of study is equivalent to or greater in length 8 and scope than that required for a school in this state, and is 9 approved by the board. 10 Sec. 18. Section 157.3, Code 2023, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 3. An applicant shall indicate on the 13 applicant’s application whether the applicant seeks to be 14 licensed as a cosmetologist or a barber. 15 Sec. 19. Section 157.3A, subsection 2, paragraphs a and b, 16 Code 2023, are amended to read as follows: 17 a. A licensed cosmetologist or barber having received 18 additional training in the use of chemical peels, 19 microdermabrasion, a certified laser product, or an intense 20 pulsed light device for hair removal shall submit a written 21 application and proof of additional training and certification 22 for approval by the board. A cosmetologist or barber who is 23 licensed after July 1, 2005, shall not be eligible to provide 24 chemical peels, practice microdermabrasion procedures, use 25 certified laser products, or use an intense pulsed light device 26 for hair removal. 27 b. A licensed cosmetologist or barber who applies permanent 28 makeup or cosmetic micropigmentation shall comply with the 29 provisions of section 135.37 and applicable rules. 30 Sec. 20. Section 157.3A, subsection 4, Code 2023, is amended 31 to read as follows: 32 4. Any additional training received by a licensed 33 esthetician, cosmetologist or barber , or electrologist 34 and submitted to the board relating to utilization of a 35 -4- HF 652 (2) 90 ss/rh/md 4/ 13

H.F. 652 certified laser product or an intense pulsed light device 1 shall include a safety training component which provides a 2 thorough understanding of the procedures being performed. The 3 training program shall address fundamentals of nonbeam hazards, 4 management and employee responsibilities relating to control 5 measures, and regulatory requirements. 6 Sec. 21. Section 157.3A, Code 2023, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 6. Shaving or trimming for hair removal by 9 a cosmetologist or barber trained and certified in the use of a 10 straight edge razor in compliance with applicable rules of the 11 board. The board shall not require a cosmetologist or barber 12 to complete more than forty clock hours of training to receive 13 a certification under this subsection. 14 Sec. 22. Section 157.4, subsection 3, paragraph a, Code 15 2023, is amended to read as follows: 16 a. The permit shall be issued for a specific event and may 17 be issued to a salon an establishment , school of barbering and 18 cosmetology arts and sciences, or person. 19 Sec. 23. Section 157.5, subsection 1, unnumbered paragraph 20 1, Code 2023, is amended to read as follows: 21 A licensed cosmetologist or barber , esthetician, or 22 electrologist who provides services relating to the use of a 23 certified laser product, intense pulsed light device for hair 24 removal, chemical peel, or microdermabrasion, shall obtain a 25 consent in writing prior to the administration of the services. 26 A consent in writing shall create a presumption that informed 27 consent was given if the consent: 28 Sec. 24. Section 157.5, subsection 2, Code 2023, is amended 29 to read as follows: 30 2. A licensed cosmetologist or barber , esthetician, or 31 electrologist who provides services related to the use of a 32 certified laser product, intense pulsed light device for hair 33 removal, chemical peel, or microdermabrasion, shall submit 34 a report to the board within thirty days of any incident 35 -5- HF 652 (2) 90 ss/rh/md 5/ 13

H.F. 652 involving the provision of such services which results in 1 physical injury requiring medical attention. Failure to comply 2 with this section shall result in disciplinary action being 3 taken by the board. 4 Sec. 25. Section 157.6, Code 2023, is amended to read as 5 follows: 6 157.6 Sanitary rules —— practice in the home. 7 The department shall prescribe sanitary rules for salons 8 establishments and schools of cosmetology arts and sciences 9 which shall include the sanitary conditions necessary for 10 the practice of cosmetology arts and sciences and for the 11 prevention of infectious and contagious diseases. Subject 12 to local zoning ordinances, a salon an establishment may be 13 established in a residence if a room other than the living 14 quarters is equipped for that purpose. The department shall 15 enforce this section and make necessary inspections for 16 enforcement purposes. 17 Sec. 26. Section 157.7, subsection 1, Code 2023, is amended 18 to read as follows: 19 1. The department of inspections and appeals shall 20 employ personnel pursuant to chapter 8A, subchapter IV , to 21 perform duties related to inspection functions under this 22 chapter . The department of inspections and appeals shall, when 23 possible, integrate inspection efforts under this chapter with 24 inspections conducted under chapter 158 . 25 Sec. 27. Section 157.8, subsection 1, Code 2023, is amended 26 to read as follows: 27 1. It is unlawful for a school of barbering and cosmetology 28 arts and sciences to operate unless the owner has obtained 29 a license issued by the department. The owner shall file a 30 verified application with the department on forms prescribed 31 by the board. 32 Sec. 28. Section 157.8, subsection 2, paragraph c, Code 33 2023, is amended by striking the paragraph. 34 Sec. 29. Section 157.8, subsection 2, paragraph d, Code 35 -6- HF 652 (2) 90 ss/rh/md 6/ 13

H.F. 652 2023, is amended to read as follows: 1 d. The school of barbering and cosmetology arts and sciences 2 must pass a sanitary inspection under section 157.6 . An annual 3 inspection of each school of barbering and cosmetology arts and 4 sciences, including the educational activities of each school, 5 shall be conducted and completed by the board or its designee 6 prior to renewal of the license. 7 Sec. 30. NEW SECTION . 157.8A Use of schools of barbering 8 and cosmetology arts and sciences. 9 A school of barbering and cosmetology arts and sciences may 10 be used for purposes other than student instruction so long as 11 the other activities do not disrupt classes. The board shall 12 adopt rules for the implementation of this section. 13 Sec. 31. Section 157.9, Code 2023, is amended to read as 14 follows: 15 157.9 License suspension and revocation. 16 Any license issued by the department under the provisions 17 of this chapter may be suspended, revoked, or renewal denied 18 by the board for violation of any provision of this chapter 19 or chapter 158 or rules promulgated by the board under the 20 provisions of chapter 17A . 21 Sec. 32. Section 157.10, subsections 1 and 3, Code 2023, are 22 amended to read as follows: 23 1. a. The course of study required for licensure for the 24 practice of cosmetology shall be two thousand one hundred 25 clock hours, or seventy a minimum of one thousand five hundred 26 fifty clock hours, or fifty-one semester credit hours or the 27 equivalent thereof as determined pursuant to administrative 28 rule and regulations promulgated by the United States 29 department of education. The clock hours, and equivalent 30 number of semester credit hours or the equivalent thereof as 31 determined pursuant to administrative rule and regulations 32 promulgated by the United States department of education, of 33 a course of study required for licensure for the practices of 34 electrology, esthetics, and nail technology , manicuring, and 35 -7- HF 652 (2) 90 ss/rh/md 7/ 13

H.F. 652 pedicuring shall be established by the board. The board shall 1 adopt rules to define the course and content of study for each 2 practice of cosmetology arts and sciences. 3 b. The course of study required for licensure which is 4 limited to the practice of esthetics shall be a minimum of six 5 hundred hours. 6 c. The course of study required for licensure which is 7 limited to the practice of nail technology shall be a minimum 8 of three hundred twenty-five hours. 9 3. A barber licensed under chapter 158 or a student in 10 a barber school who applies for licensure in a practice of 11 cosmetology arts and sciences or who enrolls in a school of 12 barbering and cosmetology arts and sciences shall be granted, 13 at the discretion of the school, at least half credit and 14 up to full credit for each course successfully completed for 15 licensure as a barber in the practice of barbering which meets 16 the requirements for licensure in a practice of cosmetology 17 arts and sciences. 18 Sec. 33. Section 157.11, Code 2023, is amended to read as 19 follows: 20 157.11 Salon Establishment licenses. 21 1. A salon An establishment shall not operate unless the 22 owner has obtained a license issued by the department. The 23 owner shall apply to the department on forms prescribed by the 24 board. The department may perform a sanitary inspection of 25 each salon establishment biennially and may perform a sanitary 26 inspection of a salon an establishment prior to the issuance of 27 a license. An inspection of a salon an establishment may also 28 be conducted upon receipt of a complaint by the department. 29 2. The application shall be accompanied by the biennial 30 license fee determined pursuant to section 147.80 . The license 31 is valid for two years and may be renewed. 32 3. A licensed school of cosmetology arts and sciences at 33 which students practice cosmetology arts and sciences is exempt 34 from licensing as a salon an establishment . 35 -8- HF 652 (2) 90 ss/rh/md 8/ 13

H.F. 652 Sec. 34. NEW SECTION . 157.12C Blow-dry styling. 1 1. A person engaged exclusively in the practice of blow-dry 2 styling is not required to receive a license issued under 3 section 157.3. 4 2. A person shall not engage in the practice of blow-dry 5 styling except at an establishment that is licensed pursuant to 6 section 157.11 or an establishment established in a residence 7 pursuant to section 157.6. 8 3. A person shall not engage exclusively in the practice 9 of blow-dry styling unless the person has completed two hours 10 of education related to Iowa cosmetology law and rules and 11 sanitation, as determined by the board by rule. 12 4. For the purposes of this section, “blow-dry styling” 13 means the practice of shampooing, conditioning, drying, 14 arranging, curling, straightening or styling hair using only 15 mechanical devices, hair sprays, and topical agents such as 16 balms, oils and serums, and includes the use and styling of 17 hair extensions, hair pieces and wigs. “Blow-dry styling” does 18 not include cutting hair or the application of dyes, bleaches, 19 reactive chemicals, keratin treatments, or other preparations 20 to color or alter the structure of hair. 21 Sec. 35. Section 157.13, subsection 1, unnumbered paragraph 22 1, Code 2023, is amended to read as follows: 23 It is unlawful for a person to employ an individual to 24 practice cosmetology arts and sciences unless that individual 25 is licensed or has obtained a temporary permit under this 26 chapter . It is unlawful for a licensee to practice with 27 or without compensation in any place other than a licensed 28 salon establishment , or a licensed school of barbering and 29 cosmetology arts and sciences , or a licensed barbershop as 30 defined in section 158.1 . The following exceptions to this 31 subsection shall apply: 32 Sec. 36. Section 157.13, subsection 1, paragraph a, Code 33 2023, is amended to read as follows: 34 a. A licensee may practice at a location which is not 35 -9- HF 652 (2) 90 ss/rh/md 9/ 13

H.F. 652 a licensed salon establishment , school of barbering and 1 cosmetology arts and sciences, or licensed barbershop under 2 extenuating circumstances arising from physical or mental 3 disability or death of a customer pursuant to rules adopted by 4 the board . 5 Sec. 37. Section 157.13, subsections 2 and 3, Code 2023, are 6 amended to read as follows: 7 2. It is unlawful for a licensee to claim to be a licensed 8 barber unless the licensee is a licensed barber , however a 9 licensed cosmetologist may work in a licensed barbershop. It 10 is unlawful for a person to employ a licensed cosmetologist 11 or barber , esthetician, or electrologist to perform the 12 services described in section 157.3A if the licensee has not 13 received the additional training and met the other requirements 14 specified in section 157.3A . 15 3. If the owner or manager of a salon an establishment does 16 not comply with the sanitary rules adopted under section 157.6 17 or fails to maintain the salon establishment as prescribed by 18 rules of the department, the department may notify the owner 19 or manager in writing of the failure to comply. If the rules 20 are not complied with within five days after receipt of the 21 written notice by the owner or manager, the department shall in 22 writing order the salon establishment closed until the rules 23 are complied with. It is unlawful for a person to practice 24 in a salon an establishment which has been closed under this 25 section . The county attorney in each county shall assist the 26 department in enforcing this section . 27 Sec. 38. Section 261.9, subsection 3, paragraph b, Code 28 2023, is amended to read as follows: 29 b. Is a barber school licensed under section 158.7 or 30 a school of barbering and cosmetology arts and sciences 31 licensed under chapter 157 and is accredited by a national 32 accrediting agency recognized by the United States department 33 of education. For the fiscal year beginning July 1, 2017, 34 an eligible institution under this paragraph shall provide a 35 -10- HF 652 (2) 90 ss/rh/md 10/ 13

H.F. 652 matching aggregate amount of institutional financial aid equal 1 to at least seventy-five percent of the amount received by 2 the institution’s students for Iowa tuition grant assistance 3 under section 261.16A . For the fiscal year beginning July 4 1, 2018, the institution shall provide a matching aggregate 5 amount of institutional financial aid equal to at least 6 eighty-five percent of the amount received in that fiscal year. 7 Commencing with the fiscal year beginning July 1, 2019, and 8 each succeeding fiscal year, the matching aggregate amount of 9 institutional financial aid shall be at least equal to the 10 match provided by eligible institutions under paragraph “a” . 11 Sec. 39. Section 261B.11, subsection 1, paragraph i, Code 12 2023, is amended to read as follows: 13 i. Postsecondary educational institutions licensed by 14 the state of Iowa under section 157.8 or 158.7 chapter 157 15 to operate as schools of cosmetology arts and sciences or as 16 barber schools in the state. 17 Sec. 40. Section 272C.1, subsection 6, paragraph g, Code 18 2023, is amended to read as follows: 19 g. The board of barbering and cosmetology arts and sciences , 20 created pursuant to chapter 147 . 21 Sec. 41. Section 272C.1, subsection 6, paragraph i, Code 22 2023, is amended by striking the paragraph. 23 Sec. 42. REPEAL. Chapter 158, Code 2023, is repealed. 24 Sec. 43. EMERGENCY RULES. The board of cosmetology arts 25 and sciences, board of barbering, and board of barbering and 26 cosmetology arts and sciences may adopt emergency rules under 27 section 17A.4, subsection 3, and section 17A.5, subsection 2, 28 paragraph “b”, to implement the provisions of this Act and 29 the rules shall be effective immediately upon filing unless 30 a later date is specified in the rules. Any rules adopted 31 in accordance with this section shall also be published as a 32 notice of intended action as provided in section 17A.4. 33 Sec. 44. TRANSITION PROVISIONS. 34 1. a. The merger of the boards of barbering and cosmetology 35 -11- HF 652 (2) 90 ss/rh/md 11/ 13

H.F. 652 arts and sciences in this Act shall not affect the appointment 1 or any term of office of a member of either board prior to the 2 effective date of this Act. A member of the board of barbering 3 or the board of cosmetology arts and sciences shall continue to 4 serve until the member’s term expires, as calculated from the 5 member’s initial appointment to the board of barbering or board 6 of cosmetology arts and sciences, or the member ceases to hold 7 office, whichever first occurs. 8 b. The initial membership of the board of barbering and 9 cosmetology arts and sciences shall consist of all members 10 of the boards of barbering and cosmetology arts and sciences 11 serving on the effective date of this Act. 12 2. A rule adopted by the board of cosmetology arts and 13 sciences or board of barbering that is in force and effect 14 immediately prior to the effective date of this Act shall 15 continue in full force and effect until the earlier of the 16 following: 17 a. The rule is amended, rescinded, or supplemented by the 18 affirmative action of the board of barbering and cosmetology 19 arts and sciences. 20 b. The rule expires by its own terms. 21 3. Any license or permit issued by the board of cosmetology 22 arts and sciences or board of barbering in effect on the 23 effective date of this Act shall continue in full force and 24 effect until expiration or renewal, except as provided in 25 subsection 8. 26 4. Any funds in any account or fund of the board of 27 cosmetology arts and sciences or board of barbering shall 28 be transferred to the control of the board of barbering and 29 cosmetology arts and sciences. 30 5. Any cause of action, statute of limitation, or 31 administrative action relating to or initiated by the board of 32 cosmetology arts and sciences or board of barbering shall not 33 be affected as a result of this Act and shall apply to the board 34 of barbering and cosmetology arts and sciences. 35 -12- HF 652 (2) 90 ss/rh/md 12/ 13

H.F. 652 6. All client and organizational files in the possession 1 of the board of cosmetology arts and sciences or board of 2 barbering shall become the property of the board of barbering 3 and cosmetology arts and sciences. 4 7. Any personnel in the state merit system of employment 5 who are mandatorily transferred due to the effect of this Act 6 shall be so transferred without any loss in salary, benefits, 7 or accrued years of service. 8 8. A person licensed as a barber as of July 1, 2023, shall 9 be considered to be a person licensed to practice barbering and 10 hairstyling and shall be issued a license to practice barbering 11 and hairstyling upon the expiration of the person’s barbering 12 license. Such a license shall permit such a person to continue 13 to practice barbering as provided in chapter 158, Code 2023. 14 9. A person currently enrolled in a barbering school in a 15 course of study requiring at least two thousand one hundred 16 hours of instruction must complete the course of study by 17 August 1, 2024. 18 -13- HF 652 (2) 90 ss/rh/md 13/ 13