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House Study Bill 40 - IntroducedA Bill ForAn Act 1relating to the practice of cosmetology and barbering in
2certain locations.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 157.1, subsection 26, Code 2023, is
2amended to read as follows:
326. “Salon” means a fixed an establishment or place in a
4fixed location, or a location that is readily movable, where
5one or more persons engage in the practice of cosmetology
6arts and sciences, including, but not limited to, a retail
7establishment where cosmetologists engage in the practice of
8cosmetology arts and sciences.
9 Sec. 2. Section 157.13, subsection 1, Code 2023, is amended
10by adding the following new paragraph:
11 NEW PARAGRAPH. 0b. A licensee may practice at a location
12which is not a licensed salon, school of cosmetology arts and
13sciences, or licensed barbershop pursuant to rules adopted by
14the board.
15 Sec. 3. Section 158.13, subsection 1, Code 2023, is amended
16to read as follows:
171. a. It is unlawful for a person to employ an individual
18to practice barbering unless that individual is a licensed
19barber or has obtained a temporary permit. It is unlawful
20for a licensed barber to practice barbering with or without
21compensation in any place other than a licensed barbershop or
22barber school, or a licensed salon as defined in section 157.1,
23except that a as follows:
24(1) Alicensed barber may practice barbering at a location
25which is not a licensed barbershop or barber school under
26extenuating circumstances arising from physical or mental
27disability or death of a customer.
28(2) A licensed barber may practice barbering at a location
29which is not a licensed barbershop or barber school pursuant
30to rules adopted by the board.
31b. It is unlawful for a licensed barber to claim to be a
32licensed cosmetologist, but it is lawful for a licensed barber
33to work in a licensed salon.
34 Sec. 4. EMERGENCY RULES. The board of cosmetology arts and
35sciences and board of barbering may adopt emergency rules under
-1-1section 17A.4, subsection 3, and section 17A.5, subsection 2,
2paragraph “b”, to implement the provisions of this Act and
3the rules shall be effective immediately upon filing unless
4a later date is specified in the rules. Any rules adopted
5in accordance with this section shall also be published as a
6notice of intended action as provided in section 17A.4.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to the practice of cosmetology arts
11and sciences and barbering in certain locations. The bill
12expands the definition of a “salon” to include a location that
13is readily movable where one or more persons engage in the
14practice of cosmetology arts and sciences.
15The bill allows a person licensed by the board of cosmetology
16arts and sciences or the board of barbering to practice in
17locations other than a licensed salon, school of cosmetology
18arts and sciences, licensed barbershop, or barber school
19pursuant to rules adopted by the board of cosmetology arts
20and sciences or board of barbering, as applicable. The bill
21allows the board of cosmetology arts and sciences and board of
22barbering to adopt emergency rules to implement the provisions
23of the bill.
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2certain locations.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 157.1, subsection 26, Code 2023, is
2amended to read as follows:
326. “Salon” means a fixed an establishment or place in a
4fixed location, or a location that is readily movable, where
5one or more persons engage in the practice of cosmetology
6arts and sciences, including, but not limited to, a retail
7establishment where cosmetologists engage in the practice of
8cosmetology arts and sciences.
9 Sec. 2. Section 157.13, subsection 1, Code 2023, is amended
10by adding the following new paragraph:
11 NEW PARAGRAPH. 0b. A licensee may practice at a location
12which is not a licensed salon, school of cosmetology arts and
13sciences, or licensed barbershop pursuant to rules adopted by
14the board.
15 Sec. 3. Section 158.13, subsection 1, Code 2023, is amended
16to read as follows:
171. a. It is unlawful for a person to employ an individual
18to practice barbering unless that individual is a licensed
19barber or has obtained a temporary permit. It is unlawful
20for a licensed barber to practice barbering with or without
21compensation in any place other than a licensed barbershop or
22barber school, or a licensed salon as defined in section 157.1,
23except that a as follows:
24(1) Alicensed barber may practice barbering at a location
25which is not a licensed barbershop or barber school under
26extenuating circumstances arising from physical or mental
27disability or death of a customer.
28(2) A licensed barber may practice barbering at a location
29which is not a licensed barbershop or barber school pursuant
30to rules adopted by the board.
31b. It is unlawful for a licensed barber to claim to be a
32licensed cosmetologist, but it is lawful for a licensed barber
33to work in a licensed salon.
34 Sec. 4. EMERGENCY RULES. The board of cosmetology arts and
35sciences and board of barbering may adopt emergency rules under
-1-1section 17A.4, subsection 3, and section 17A.5, subsection 2,
2paragraph “b”, to implement the provisions of this Act and
3the rules shall be effective immediately upon filing unless
4a later date is specified in the rules. Any rules adopted
5in accordance with this section shall also be published as a
6notice of intended action as provided in section 17A.4.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to the practice of cosmetology arts
11and sciences and barbering in certain locations. The bill
12expands the definition of a “salon” to include a location that
13is readily movable where one or more persons engage in the
14practice of cosmetology arts and sciences.
15The bill allows a person licensed by the board of cosmetology
16arts and sciences or the board of barbering to practice in
17locations other than a licensed salon, school of cosmetology
18arts and sciences, licensed barbershop, or barber school
19pursuant to rules adopted by the board of cosmetology arts
20and sciences or board of barbering, as applicable. The bill
21allows the board of cosmetology arts and sciences and board of
22barbering to adopt emergency rules to implement the provisions
23of the bill.
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