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Senate File 164 - IntroducedA Bill ForAn Act 1relating to the practice of barbering and cosmetology
2arts and sciences and providing transition provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 10A.104, subsection 14, Code 2021, is
2amended to read as follows:
314. Administer inspections of cosmetology salons under
4section 157.7 and barbershops under section 158.6 chapter 157.
5 Sec. 2. Section 147.13, subsection 11, Code 2021, is amended
6to read as follows:
711. For cosmetology arts and sciences, the board of
8barbering and cosmetology arts and sciences.
9 Sec. 3. Section 147.13, subsection 12, Code 2021, is amended
10by striking the subsection.
11 Sec. 4. Section 147.14, subsection 1, paragraphs a and n,
12Code 2021, are amended by striking the paragraphs.
13 Sec. 5. Section 147.14, subsection 1, Code 2021, is amended
14by adding the following new paragraph:
15 NEW PARAGRAPH. x. For barbering and cosmetology arts and
16sciences, three members who are licensed cosmetologists; two
17members who are licensed to practice barbering and hairstyling;
18one member who is a licensed electrologist, esthetician, or
19nail technologist; one member who is a licensed instructor of
20cosmetology arts and sciences or hairstyling at a public or
21private school and who does not own a school of cosmetology
22arts and sciences; one member who owns a school of cosmetology
23arts and sciences; and three members who are not licensed to
24practice barbering and hairstyling or licensed in a practice
25of cosmetology arts and sciences and who shall represent the
26general public.
27 Sec. 6. Section 147.76, Code 2021, is amended to read as
28follows:
29147.76 Rules.
30The boards for the various professions shall adopt all
31necessary and proper rules to administer and interpret this
32chapter and chapters 148 through 158 157, except chapter 148D.
33 Sec. 7. Section 157.1, Code 2021, is amended by adding the
34following new subsections:
35 NEW SUBSECTION. 01. “Barber and hairstylist” means a
-1-1person who performs the practice of barbering and hairstyling,
2or otherwise by the person’s occupation claims to have
3knowledge or skill particular to the practice of barbering and
4hairstyling.
5 NEW SUBSECTION. 001. “Barbering” means the practices listed
6in this subsection performed with or without compensation.
7“Barbering” includes but is not limited to the following
8practices performed upon the upper part of the human body of
9any person for cosmetic purposes and not for the treatment of
10disease or physical or mental ailments:
11a. Shaving or trimming the beard, including with a straight
12edge razor, or cutting the hair.
13b. Giving facial and scalp massages or treatments with oils,
14creams, lotions, or other preparations either by hand, or by
15electrical or mechanical appliances.
16c. Singeing, shampooing, hair body processing, arranging,
17dressing, curling, blow waving, hair relaxing, bleaching or
18coloring the hair, or applying hair tonics.
19d. Applying cosmetic preparations, antiseptics, powders,
20oils, clays, waxes, or lotions to the scalp, face, or neck.
21e. Styling, cutting, or shampooing hairpieces or wigs when
22done in conjunction with haircutting or hairstyling.
23 NEW SUBSECTION. 14A. “Hairstyling” means curling, waving,
24press and curl hair straightening, shampooing, cutting,
25singeing, bleaching, coloring, or similar works, upon the hair
26on the head of any person, or upon a wig or hairpiece when done
27in conjunction with haircutting or styling by any means.
28 Sec. 8. Section 157.1, subsection 1, Code 2021, is amended
29to read as follows:
301. “Board” means the board of barbering and cosmetology arts
31and sciences.
32 Sec. 9. Section 157.1, subsection 5, paragraph a, Code 2021,
33is amended to read as follows:
34a. Arranging, braiding, dressing, Hairstyling, including
35 curling, waving, press and curl hair straightening, shampooing,
-2-1cutting, singeing, bleaching, coloring, or similar works, upon
2the hair of any person, or upon a wig or hairpiece when done in
3conjunction with haircutting or hairstyling by any means.
4 Sec. 10. Section 157.1, subsection 5, Code 2021, is amended
5by adding the following new paragraphs:
6 NEW PARAGRAPH. f. Esthetics.
7 NEW PARAGRAPH. g. Nail technology.
8 NEW PARAGRAPH. h. Barbering.
9 Sec. 11. Section 157.1, subsection 6, Code 2021, is amended
10by adding the following new paragraph:
11 NEW PARAGRAPH. f. Hairstyling.
12 Sec. 12. Section 157.1, subsection 26, Code 2021, is amended
13to read as follows:
1426. “Salon” means a fixed establishment or place, or an
15establishment that is readily movable which either operates up
16to three consecutive days at one location or returns to a home
17base at the end of the day, where one or more persons engage
18in the practice of cosmetology arts and sciences, including,
19but not limited to, a retail establishment where cosmetologists
20engage a person engages in the practice of cosmetology arts and
21sciences.
22 Sec. 13. Section 157.2, subsection 1, paragraphs b and h,
23Code 2021, are amended by striking the paragraphs.
24 Sec. 14. Section 157.2, subsection 2, Code 2021, is amended
25to read as follows:
262. Cosmetologists shall not represent themselves to the
27public as electrologists, estheticians, or nail technologists
28unless the cosmetologist has completed the additional course of
29 study for the respective practice as prescribed by the board
30pursuant to section 157.10.
31 Sec. 15. Section 157.3, Code 2021, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 3. The board shall adopt rules for the
34licensure of persons who perform the practice of barbering
35and hairstyling. A barber and hairstylist licensed pursuant
-3-1to this subsection shall not practice any cosmetology art or
2science other than barbering and hairstyling. Nothing in
3this subsection shall restrict the practice of barbering or
4hairstyling by a cosmetologist.
5 Sec. 16. Section 157.3A, Code 2021, is amended by adding the
6following new subsection:
7 NEW SUBSECTION. 6. Shaving or trimming of a beard by means
8of a straight edge razor shall only be performed by a licensed
9cosmetologist trained and certified in the use of a straight
10edge razor in compliance with applicable rules of the board.
11The board shall adopt rules for the training and certification
12of licensed cosmetologists in the use of a straight edge razor.
13 Sec. 17. Section 157.7, subsection 1, Code 2021, is amended
14to read as follows:
151. The department of inspections and appeals shall
16employ personnel pursuant to chapter 8A, subchapter IV, to
17perform duties related to inspection functions under this
18chapter. The department of inspections and appeals shall, when
19possible, integrate inspection efforts under this chapter with
20inspections conducted under chapter 158.
21 Sec. 18. Section 157.8, subsection 2, paragraph c, Code
222021, is amended by striking the paragraph.
23 Sec. 19. NEW SECTION. 157.8A Use of schools of cosmetology
24arts and sciences.
25A school of cosmetology arts and sciences may be used for
26purposes other than student instruction during scheduled
27instruction time and work experience time so long as the other
28activities do not disrupt classes. The board shall adopt rules
29for the implementation of this section.
30 Sec. 20. Section 157.9, Code 2021, is amended to read as
31follows:
32157.9 License suspension and revocation.
33Any license issued by the department under the provisions
34of this chapter may be suspended, revoked, or renewal denied
35by the board for violation of any provision of this chapter
-4-1or chapter 158 or rules promulgated by the board under the
2provisions of chapter 17A.
3 Sec. 21. Section 157.10, subsections 1 and 3, Code 2021, are
4amended to read as follows:
51. a. The course of study required for licensure for the
6practice of cosmetology shall be two thousand one hundred clock
7hours, or seventy semester credit hours or the equivalent
8thereof as determined pursuant to administrative rule and
9regulations promulgated by the United States department of
10education. The clock hours, and equivalent number of semester
11credit hours or the equivalent thereof as determined pursuant
12to administrative rule and regulations promulgated by the
13United States department of education, of a course of study
14required for licensure for the practices of electrology,
15esthetics, nail technology, manicuring, and pedicuring shall
16be established by the board. The board shall adopt rules to
17define the course and content of study for each practice of
18cosmetology arts and sciences.
19b. The course of study required for licensure which is
20limited to the practice of esthetics shall be six hundred
21hours.
22c. The course of study required for licensure which is
23limited to the practice of nail technology shall be three
24hundred twenty-five hours.
253. A barber licensed under chapter 158 or a student in
26a barber school who applies for licensure in a practice of
27cosmetology arts and sciences or who enrolls in a school
28of cosmetology arts and sciences shall be granted, at the
29discretion of the school, at least half credit and up to full
30credit for each course successfully completed for licensure
31as a barber which meets the requirements for licensure in a
32practice of cosmetology arts and sciences.
33 Sec. 22. NEW SECTION. 157.10A Course of study — barbering
34and hairstyling.
35The course of study required for a license to practice
-5-1barbering and hairstyling shall be one thousand five hundred
2hours or an equivalent number of semester credit hours or the
3equivalent thereof. Nothing in this section shall restrict the
4practice of barbering or hairstyling by a cosmetologist.
5 Sec. 23. Section 157.13, subsection 1, unnumbered paragraph
61, Code 2021, is amended to read as follows:
7It is unlawful for a person to employ an individual to
8practice cosmetology arts and sciences unless that individual
9is licensed or has obtained a temporary permit under this
10chapter. It is unlawful for a licensee to practice with or
11without compensation in any place other than a licensed salon,
12or a licensed school of cosmetology arts and sciences, or a
13licensed barbershop as defined in section 158.1. The following
14exceptions to this subsection shall apply:
15 Sec. 24. Section 261.9, subsection 3, paragraph b, Code
162021, is amended to read as follows:
17b. Is a barber school licensed under section 158.7 or
18 a school of cosmetology arts and sciences licensed under
19chapter 157 and is accredited by a national accrediting agency
20recognized by the United States department of education. For
21the fiscal year beginning July 1, 2017, an eligible institution
22under this paragraph shall provide a matching aggregate amount
23of institutional financial aid equal to at least seventy-five
24percent of the amount received by the institution’s students
25for Iowa tuition grant assistance under section 261.16A.
26 For the fiscal year beginning July 1, 2018, the institution
27shall provide a matching aggregate amount of institutional
28financial aid equal to at least eighty-five percent of the
29amount received in that fiscal year. Commencing with the
30fiscal year beginning July 1, 2019, and each succeeding fiscal
31year, the matching aggregate amount of institutional financial
32aid shall be at least equal to the match provided by eligible
33institutions under paragraph “a”.
34 Sec. 25. Section 261B.11, subsection 1, paragraph i, Code
352021, is amended to read as follows:
-6- 1i. Postsecondary educational institutions licensed by
2the state of Iowa under section 157.8 or 158.7 chapter 157
3 to operate as schools of cosmetology arts and sciences or as
4barber schools in the state.
5 Sec. 26. Section 272C.1, subsection 6, paragraph g, Code
62021, is amended to read as follows:
7g. The board of barbering and cosmetology arts and sciences,
8created pursuant to chapter 147.
9 Sec. 27. Section 272C.1, subsection 6, paragraph i, Code
102021, is amended by striking the paragraph.
11 Sec. 28. Section 714.25, subsection 2, unnumbered paragraph
121, Code 2021, is amended to read as follows:
13A proprietary school shall, prior to the time a student
14is obligated for payment of any moneys, inform the student,
15the college student aid commission, and in the case of a
16school licensed under section 157.8, the board of barbering
17and cosmetology arts and sciences or in the case of a school
18licensed under section 158.7, the board of barbering, of all
19of the following:
20 Sec. 29. REPEAL. Chapter 158, Code 2021, is repealed.
21 Sec. 30. EMERGENCY RULES. The board of cosmetology arts
22and sciences, board of barbering, and board of barbering and
23cosmetology arts and sciences may adopt emergency rules under
24section 17A.4, subsection 3, and section 17A.5, subsection 2,
25paragraph “b”, to implement the provisions of this Act and
26the rules shall be effective immediately upon filing unless
27a later date is specified in the rules. Any rules adopted
28in accordance with this section shall also be published as a
29notice of intended action as provided in section 17A.4.
30 Sec. 31. TRANSITION PROVISIONS.
311. a. The merger of the boards of barbering and cosmetology
32arts and sciences in this Act shall not affect the appointment
33or any term of office of a member of either board prior to the
34effective date of this Act. A member of the board of barbering
35or the board of cosmetology arts and sciences shall continue to
-7-1serve until the member’s term expires or the member ceases to
2hold office, whichever first occurs.
3b. The initial membership of the board of barbering and
4cosmetology arts and sciences shall consist of all members
5of the boards of barbering and cosmetology arts and sciences
6serving on the effective date of this Act.
72. A rule adopted by the board of cosmetology arts and
8sciences or board of barbering that is in force and effect
9immediately prior to the effective date of this Act shall
10continue in full force and effect until the earlier of the
11following:
12a. The rule is amended, rescinded, or supplemented by the
13affirmative action of the board of barbering and cosmetology
14arts and sciences.
15b. The rule expires by its own terms.
163. Any license or permit issued by the board of cosmetology
17arts and sciences or board of barbering in effect on the
18effective date of this Act shall continue in full force and
19effect until expiration or renewal.
204. Any funds in any account or fund of the board of
21cosmetology arts and sciences or board of barbering shall
22be transferred to the control of the board of barbering and
23cosmetology arts and sciences.
245. Any cause of action, statute of limitation, or
25administrative action relating to or initiated by the board of
26cosmetology arts and sciences or board of barbering shall not
27be affected as a result of this Act and shall apply to the board
28of barbering and cosmetology arts and sciences.
296. All client and organizational files in the possession
30of the board of cosmetology arts and sciences or board of
31barbering shall become the property of the board of barbering
32and cosmetology arts and sciences.
337. Any personnel in the state merit system of employment
34who are mandatorily transferred due to the effect of this Act
35shall be so transferred without any loss in salary, benefits,
-8-1or accrued years of service.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill relates to the practices of barbering and
6cosmetology. The bill merges the boards of cosmetology
7arts and sciences and barbering into the board of barbering
8and cosmetology arts and sciences, repeals Code chapter
9158 governing barbering, and makes conforming changes. The
10bill gives the board of barbering and cosmetology arts and
11sciences all of the powers and responsibilities of the prior
12boards. The bill provides that current members of the boards
13of barbering and cosmetology arts and sciences shall become
14members of the merged board until their terms otherwise expire
15or they are otherwise replaced. The bill also provides that
16the current rules of both boards shall remain in effect until
17the board of barbering and cosmetology arts and sciences
18amends, rescinds, or supplements the rules, or the rules expire
19by their own terms. The bill grants the board of barbering,
20the board of cosmetology arts and sciences, and the board
21of barbering and cosmetology arts and sciences emergency
22rulemaking authority to implement the provisions of the bill.
23The bill also provides other transition provisions.
24The bill changes the definition of “cosmetology” by removing
25arranging, braiding, and dressing of hair and adds hairstyling.
26The bill also adds esthetics, nail technology, and barbering
27to the practices encompassed within the definition of
28“cosmetology”. The bill directs the board of barbering and
29cosmetology arts and sciences to develop a program for the
30certification of current cosmetologists to perform shaving with
31a straight edge razor.
32The bill sets the training requirements for a license to
33practice esthetics to 600 hours and the training requirements
34for a license to practice nail technology to 325 hours.
35The bill allows a school of cosmetology arts and sciences to
-9-1be used for purposes other than student instruction so long as
2the activities do not disturb student instruction.
3The bill also directs the board of barbering and cosmetology
4arts and sciences to adopt rules for the licensure of persons
5who practice barbering and hairstyling. Under current
6law, cosmetologists and barbers may both provide services
7that include hairstyling. The bill preserves the ability
8of cosmetologists to provide such services and instructs
9the board to create a new license permitting barbering and
10hairstyling licensees to provide only barbering and hairstyling
11services. The bill provides a definition of hairstyling
12and adds hairstyling to the list of cosmetology arts and
13sciences disciplines. The bill also includes definitions for
14“barbering” and “hairstyling”.
15The bill also provides for the development of a process
16for the licensure of persons who provide both hairstyling and
17barbering services but who do not practice any of the other
18cosmetology arts and sciences.
-10-ss/rh
2arts and sciences and providing transition provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 10A.104, subsection 14, Code 2021, is
2amended to read as follows:
314. Administer inspections of cosmetology salons under
4section 157.7 and barbershops under section 158.6 chapter 157.
5 Sec. 2. Section 147.13, subsection 11, Code 2021, is amended
6to read as follows:
711. For cosmetology arts and sciences, the board of
8barbering and cosmetology arts and sciences.
9 Sec. 3. Section 147.13, subsection 12, Code 2021, is amended
10by striking the subsection.
11 Sec. 4. Section 147.14, subsection 1, paragraphs a and n,
12Code 2021, are amended by striking the paragraphs.
13 Sec. 5. Section 147.14, subsection 1, Code 2021, is amended
14by adding the following new paragraph:
15 NEW PARAGRAPH. x. For barbering and cosmetology arts and
16sciences, three members who are licensed cosmetologists; two
17members who are licensed to practice barbering and hairstyling;
18one member who is a licensed electrologist, esthetician, or
19nail technologist; one member who is a licensed instructor of
20cosmetology arts and sciences or hairstyling at a public or
21private school and who does not own a school of cosmetology
22arts and sciences; one member who owns a school of cosmetology
23arts and sciences; and three members who are not licensed to
24practice barbering and hairstyling or licensed in a practice
25of cosmetology arts and sciences and who shall represent the
26general public.
27 Sec. 6. Section 147.76, Code 2021, is amended to read as
28follows:
29147.76 Rules.
30The boards for the various professions shall adopt all
31necessary and proper rules to administer and interpret this
32chapter and chapters 148 through 158 157, except chapter 148D.
33 Sec. 7. Section 157.1, Code 2021, is amended by adding the
34following new subsections:
35 NEW SUBSECTION. 01. “Barber and hairstylist” means a
-1-1person who performs the practice of barbering and hairstyling,
2or otherwise by the person’s occupation claims to have
3knowledge or skill particular to the practice of barbering and
4hairstyling.
5 NEW SUBSECTION. 001. “Barbering” means the practices listed
6in this subsection performed with or without compensation.
7“Barbering” includes but is not limited to the following
8practices performed upon the upper part of the human body of
9any person for cosmetic purposes and not for the treatment of
10disease or physical or mental ailments:
11a. Shaving or trimming the beard, including with a straight
12edge razor, or cutting the hair.
13b. Giving facial and scalp massages or treatments with oils,
14creams, lotions, or other preparations either by hand, or by
15electrical or mechanical appliances.
16c. Singeing, shampooing, hair body processing, arranging,
17dressing, curling, blow waving, hair relaxing, bleaching or
18coloring the hair, or applying hair tonics.
19d. Applying cosmetic preparations, antiseptics, powders,
20oils, clays, waxes, or lotions to the scalp, face, or neck.
21e. Styling, cutting, or shampooing hairpieces or wigs when
22done in conjunction with haircutting or hairstyling.
23 NEW SUBSECTION. 14A. “Hairstyling” means curling, waving,
24press and curl hair straightening, shampooing, cutting,
25singeing, bleaching, coloring, or similar works, upon the hair
26on the head of any person, or upon a wig or hairpiece when done
27in conjunction with haircutting or styling by any means.
28 Sec. 8. Section 157.1, subsection 1, Code 2021, is amended
29to read as follows:
301. “Board” means the board of barbering and cosmetology arts
31and sciences.
32 Sec. 9. Section 157.1, subsection 5, paragraph a, Code 2021,
33is amended to read as follows:
34a. Arranging, braiding, dressing, Hairstyling, including
35 curling, waving, press and curl hair straightening, shampooing,
-2-1cutting, singeing, bleaching, coloring, or similar works, upon
2the hair of any person, or upon a wig or hairpiece when done in
3conjunction with haircutting or hairstyling by any means.
4 Sec. 10. Section 157.1, subsection 5, Code 2021, is amended
5by adding the following new paragraphs:
6 NEW PARAGRAPH. f. Esthetics.
7 NEW PARAGRAPH. g. Nail technology.
8 NEW PARAGRAPH. h. Barbering.
9 Sec. 11. Section 157.1, subsection 6, Code 2021, is amended
10by adding the following new paragraph:
11 NEW PARAGRAPH. f. Hairstyling.
12 Sec. 12. Section 157.1, subsection 26, Code 2021, is amended
13to read as follows:
1426. “Salon” means a fixed establishment or place, or an
15establishment that is readily movable which either operates up
16to three consecutive days at one location or returns to a home
17base at the end of the day, where one or more persons engage
18in the practice of cosmetology arts and sciences, including,
19but not limited to, a retail establishment where cosmetologists
20engage a person engages in the practice of cosmetology arts and
21sciences.
22 Sec. 13. Section 157.2, subsection 1, paragraphs b and h,
23Code 2021, are amended by striking the paragraphs.
24 Sec. 14. Section 157.2, subsection 2, Code 2021, is amended
25to read as follows:
262. Cosmetologists shall not represent themselves to the
27public as electrologists, estheticians, or nail technologists
28unless the cosmetologist has completed the additional course of
29 study for the respective practice as prescribed by the board
30pursuant to section 157.10.
31 Sec. 15. Section 157.3, Code 2021, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 3. The board shall adopt rules for the
34licensure of persons who perform the practice of barbering
35and hairstyling. A barber and hairstylist licensed pursuant
-3-1to this subsection shall not practice any cosmetology art or
2science other than barbering and hairstyling. Nothing in
3this subsection shall restrict the practice of barbering or
4hairstyling by a cosmetologist.
5 Sec. 16. Section 157.3A, Code 2021, is amended by adding the
6following new subsection:
7 NEW SUBSECTION. 6. Shaving or trimming of a beard by means
8of a straight edge razor shall only be performed by a licensed
9cosmetologist trained and certified in the use of a straight
10edge razor in compliance with applicable rules of the board.
11The board shall adopt rules for the training and certification
12of licensed cosmetologists in the use of a straight edge razor.
13 Sec. 17. Section 157.7, subsection 1, Code 2021, is amended
14to read as follows:
151. The department of inspections and appeals shall
16employ personnel pursuant to chapter 8A, subchapter IV, to
17perform duties related to inspection functions under this
18chapter. The department of inspections and appeals shall, when
19possible, integrate inspection efforts under this chapter with
20inspections conducted under chapter 158.
21 Sec. 18. Section 157.8, subsection 2, paragraph c, Code
222021, is amended by striking the paragraph.
23 Sec. 19. NEW SECTION. 157.8A Use of schools of cosmetology
24arts and sciences.
25A school of cosmetology arts and sciences may be used for
26purposes other than student instruction during scheduled
27instruction time and work experience time so long as the other
28activities do not disrupt classes. The board shall adopt rules
29for the implementation of this section.
30 Sec. 20. Section 157.9, Code 2021, is amended to read as
31follows:
32157.9 License suspension and revocation.
33Any license issued by the department under the provisions
34of this chapter may be suspended, revoked, or renewal denied
35by the board for violation of any provision of this chapter
-4-1or chapter 158 or rules promulgated by the board under the
2provisions of chapter 17A.
3 Sec. 21. Section 157.10, subsections 1 and 3, Code 2021, are
4amended to read as follows:
51. a. The course of study required for licensure for the
6practice of cosmetology shall be two thousand one hundred clock
7hours, or seventy semester credit hours or the equivalent
8thereof as determined pursuant to administrative rule and
9regulations promulgated by the United States department of
10education. The clock hours, and equivalent number of semester
11credit hours or the equivalent thereof as determined pursuant
12to administrative rule and regulations promulgated by the
13United States department of education, of a course of study
14required for licensure for the practices of electrology,
15esthetics, nail technology, manicuring, and pedicuring shall
16be established by the board. The board shall adopt rules to
17define the course and content of study for each practice of
18cosmetology arts and sciences.
19b. The course of study required for licensure which is
20limited to the practice of esthetics shall be six hundred
21hours.
22c. The course of study required for licensure which is
23limited to the practice of nail technology shall be three
24hundred twenty-five hours.
253. A barber licensed under chapter 158 or a student in
26a barber school who applies for licensure in a practice of
27cosmetology arts and sciences or who enrolls in a school
28of cosmetology arts and sciences shall be granted, at the
29discretion of the school, at least half credit and up to full
30credit for each course successfully completed for licensure
31as a barber which meets the requirements for licensure in a
32practice of cosmetology arts and sciences.
33 Sec. 22. NEW SECTION. 157.10A Course of study — barbering
34and hairstyling.
35The course of study required for a license to practice
-5-1barbering and hairstyling shall be one thousand five hundred
2hours or an equivalent number of semester credit hours or the
3equivalent thereof. Nothing in this section shall restrict the
4practice of barbering or hairstyling by a cosmetologist.
5 Sec. 23. Section 157.13, subsection 1, unnumbered paragraph
61, Code 2021, is amended to read as follows:
7It is unlawful for a person to employ an individual to
8practice cosmetology arts and sciences unless that individual
9is licensed or has obtained a temporary permit under this
10chapter. It is unlawful for a licensee to practice with or
11without compensation in any place other than a licensed salon,
12or a licensed school of cosmetology arts and sciences, or a
13licensed barbershop as defined in section 158.1. The following
14exceptions to this subsection shall apply:
15 Sec. 24. Section 261.9, subsection 3, paragraph b, Code
162021, is amended to read as follows:
17b. Is a barber school licensed under section 158.7 or
18 a school of cosmetology arts and sciences licensed under
19chapter 157 and is accredited by a national accrediting agency
20recognized by the United States department of education. For
21the fiscal year beginning July 1, 2017, an eligible institution
22under this paragraph shall provide a matching aggregate amount
23of institutional financial aid equal to at least seventy-five
24percent of the amount received by the institution’s students
25for Iowa tuition grant assistance under section 261.16A.
26 For the fiscal year beginning July 1, 2018, the institution
27shall provide a matching aggregate amount of institutional
28financial aid equal to at least eighty-five percent of the
29amount received in that fiscal year. Commencing with the
30fiscal year beginning July 1, 2019, and each succeeding fiscal
31year, the matching aggregate amount of institutional financial
32aid shall be at least equal to the match provided by eligible
33institutions under paragraph “a”.
34 Sec. 25. Section 261B.11, subsection 1, paragraph i, Code
352021, is amended to read as follows:
-6- 1i. Postsecondary educational institutions licensed by
2the state of Iowa under section 157.8 or 158.7 chapter 157
3 to operate as schools of cosmetology arts and sciences or as
4barber schools in the state.
5 Sec. 26. Section 272C.1, subsection 6, paragraph g, Code
62021, is amended to read as follows:
7g. The board of barbering and cosmetology arts and sciences,
8created pursuant to chapter 147.
9 Sec. 27. Section 272C.1, subsection 6, paragraph i, Code
102021, is amended by striking the paragraph.
11 Sec. 28. Section 714.25, subsection 2, unnumbered paragraph
121, Code 2021, is amended to read as follows:
13A proprietary school shall, prior to the time a student
14is obligated for payment of any moneys, inform the student,
15the college student aid commission, and in the case of a
16school licensed under section 157.8, the board of barbering
17and cosmetology arts and sciences or in the case of a school
18licensed under section 158.7, the board of barbering, of all
19of the following:
20 Sec. 29. REPEAL. Chapter 158, Code 2021, is repealed.
21 Sec. 30. EMERGENCY RULES. The board of cosmetology arts
22and sciences, board of barbering, and board of barbering and
23cosmetology arts and sciences may adopt emergency rules under
24section 17A.4, subsection 3, and section 17A.5, subsection 2,
25paragraph “b”, to implement the provisions of this Act and
26the rules shall be effective immediately upon filing unless
27a later date is specified in the rules. Any rules adopted
28in accordance with this section shall also be published as a
29notice of intended action as provided in section 17A.4.
30 Sec. 31. TRANSITION PROVISIONS.
311. a. The merger of the boards of barbering and cosmetology
32arts and sciences in this Act shall not affect the appointment
33or any term of office of a member of either board prior to the
34effective date of this Act. A member of the board of barbering
35or the board of cosmetology arts and sciences shall continue to
-7-1serve until the member’s term expires or the member ceases to
2hold office, whichever first occurs.
3b. The initial membership of the board of barbering and
4cosmetology arts and sciences shall consist of all members
5of the boards of barbering and cosmetology arts and sciences
6serving on the effective date of this Act.
72. A rule adopted by the board of cosmetology arts and
8sciences or board of barbering that is in force and effect
9immediately prior to the effective date of this Act shall
10continue in full force and effect until the earlier of the
11following:
12a. The rule is amended, rescinded, or supplemented by the
13affirmative action of the board of barbering and cosmetology
14arts and sciences.
15b. The rule expires by its own terms.
163. Any license or permit issued by the board of cosmetology
17arts and sciences or board of barbering in effect on the
18effective date of this Act shall continue in full force and
19effect until expiration or renewal.
204. Any funds in any account or fund of the board of
21cosmetology arts and sciences or board of barbering shall
22be transferred to the control of the board of barbering and
23cosmetology arts and sciences.
245. Any cause of action, statute of limitation, or
25administrative action relating to or initiated by the board of
26cosmetology arts and sciences or board of barbering shall not
27be affected as a result of this Act and shall apply to the board
28of barbering and cosmetology arts and sciences.
296. All client and organizational files in the possession
30of the board of cosmetology arts and sciences or board of
31barbering shall become the property of the board of barbering
32and cosmetology arts and sciences.
337. Any personnel in the state merit system of employment
34who are mandatorily transferred due to the effect of this Act
35shall be so transferred without any loss in salary, benefits,
-8-1or accrued years of service.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill relates to the practices of barbering and
6cosmetology. The bill merges the boards of cosmetology
7arts and sciences and barbering into the board of barbering
8and cosmetology arts and sciences, repeals Code chapter
9158 governing barbering, and makes conforming changes. The
10bill gives the board of barbering and cosmetology arts and
11sciences all of the powers and responsibilities of the prior
12boards. The bill provides that current members of the boards
13of barbering and cosmetology arts and sciences shall become
14members of the merged board until their terms otherwise expire
15or they are otherwise replaced. The bill also provides that
16the current rules of both boards shall remain in effect until
17the board of barbering and cosmetology arts and sciences
18amends, rescinds, or supplements the rules, or the rules expire
19by their own terms. The bill grants the board of barbering,
20the board of cosmetology arts and sciences, and the board
21of barbering and cosmetology arts and sciences emergency
22rulemaking authority to implement the provisions of the bill.
23The bill also provides other transition provisions.
24The bill changes the definition of “cosmetology” by removing
25arranging, braiding, and dressing of hair and adds hairstyling.
26The bill also adds esthetics, nail technology, and barbering
27to the practices encompassed within the definition of
28“cosmetology”. The bill directs the board of barbering and
29cosmetology arts and sciences to develop a program for the
30certification of current cosmetologists to perform shaving with
31a straight edge razor.
32The bill sets the training requirements for a license to
33practice esthetics to 600 hours and the training requirements
34for a license to practice nail technology to 325 hours.
35The bill allows a school of cosmetology arts and sciences to
-9-1be used for purposes other than student instruction so long as
2the activities do not disturb student instruction.
3The bill also directs the board of barbering and cosmetology
4arts and sciences to adopt rules for the licensure of persons
5who practice barbering and hairstyling. Under current
6law, cosmetologists and barbers may both provide services
7that include hairstyling. The bill preserves the ability
8of cosmetologists to provide such services and instructs
9the board to create a new license permitting barbering and
10hairstyling licensees to provide only barbering and hairstyling
11services. The bill provides a definition of hairstyling
12and adds hairstyling to the list of cosmetology arts and
13sciences disciplines. The bill also includes definitions for
14“barbering” and “hairstyling”.
15The bill also provides for the development of a process
16for the licensure of persons who provide both hairstyling and
17barbering services but who do not practice any of the other
18cosmetology arts and sciences.
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