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Senate File 387 - 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 2023, is
2amended to read as follows:
314. Administer inspections of cosmetology salons
4 establishments under section 157.7 and barbershops under
5section 158.6 chapter 157.
6 Sec. 2. Section 147.13, subsection 11, Code 2023, is amended
7to read as follows:
811. For cosmetology arts and sciences, the board of
9barbering and cosmetology arts and sciences.
10 Sec. 3. Section 147.13, subsection 12, Code 2023, is amended
11by striking the subsection.
12 Sec. 4. Section 147.14, subsection 1, paragraphs a and n,
13Code 2023, are amended by striking the paragraphs.
14 Sec. 5. Section 147.14, subsection 1, Code 2023, is amended
15by adding the following new paragraph:
16 NEW PARAGRAPH. x. For barbering and cosmetology arts and
17sciences, three members who are licensed cosmetologists, at
18least one of whom is also a licensed instructor of cosmetology
19arts and sciences; two members who are licensed to practice
20barbering and hairstyling; one member who is a licensed
21electrologist, esthetician, or nail technologist; one member
22who owns a school of cosmetology arts and sciences; and
23two members who are not licensed to practice barbering and
24hairstyling or licensed in the practice of cosmetology arts and
25sciences and who shall represent the general public.
26 Sec. 6. Section 147.76, Code 2023, is amended to read as
27follows:
28147.76 Rules.
29The boards for the various professions shall adopt all
30necessary and proper rules to administer and interpret this
31chapter and chapters 148 through 158 157, except chapter 148D.
32 Sec. 7. Section 157.1, Code 2023, is amended by adding the
33following new subsections:
34 NEW SUBSECTION. 01. “Barber and hairstylist” means a
35person who performs the practice of barbering and hairstyling,
-1-1or otherwise by the person’s occupation claims to have
2knowledge or skill particular to the practice of barbering and
3hairstyling.
4 NEW SUBSECTION. 001. “Barbering” means the practices listed
5in this subsection performed with or without compensation.
6“Barbering” includes but is not limited to the following
7practices performed upon the upper part of the human body of
8any person for cosmetic purposes and not for the treatment of
9disease or physical or mental ailments:
10a. Shaving or trimming for hair removal by the use of a
11straight edge razor.
12b. Giving facial and scalp massages or treatments with oils,
13creams, lotions, or other preparations either by hand, or by
14electrical or mechanical appliances.
15c. Singeing, shampooing, hair body processing, curling,
16blow waving, hair relaxing, bleaching or coloring the hair, or
17applying hair tonics.
18d. Applying cosmetic preparations, antiseptics, powders,
19oils, clays, waxes, or lotions to the scalp, face, or neck.
20e. Styling, cutting, or shampooing hairpieces or wigs when
21done in conjunction with haircutting or hairstyling.
22 NEW SUBSECTION. 10A. “Establishment” means a fixed place
23or a place that is readily movable where one or more persons
24engage in the practice of cosmetology arts and sciences,
25including but not limited to a retail establishment.
26 NEW SUBSECTION. 14A. “Hairstyling” means curling, waving,
27press and curl hair straightening, shampooing, cutting,
28singeing, bleaching, coloring, or similar works, upon the hair
29on the head of any person, or upon a wig or hairpiece when done
30in conjunction with haircutting or styling by any means.
31 Sec. 8. Section 157.1, subsection 1, Code 2023, is amended
32to read as follows:
331. “Board” means the board of barbering and cosmetology arts
34and sciences.
35 Sec. 9. Section 157.1, subsection 5, paragraph a, Code 2023,
-2-1is amended to read as follows:
2a. Arranging, braiding, dressing, Hairstyling, including
3 curling, waving, press and curl hair straightening, shampooing,
4cutting, singeing, bleaching, coloring, or similar works, upon
5the hair of any person, or upon a wig or hairpiece when done in
6conjunction with haircutting or hairstyling by any means.
7 Sec. 10. Section 157.1, subsection 5, Code 2023, is amended
8by adding the following new paragraph:
9 NEW PARAGRAPH. f. Barbering.
10 Sec. 11. Section 157.1, subsection 6, paragraph e, Code
112023, is amended to read as follows:
12e. Manicuring and pedicuring Hairstyling.
13 Sec. 12. Section 157.1, subsection 26, Code 2023, is amended
14by striking the subsection.
15 Sec. 13. Section 157.1, subsection 27, Code 2023, is amended
16by striking the subsection and inserting in lieu thereof the
17following:
1827. “School of barbering and cosmetology arts and sciences”
19means an establishment operated for the purpose of teaching
20cosmetology arts and sciences.
21 Sec. 14. Section 157.2, subsection 1, paragraphs b and h,
22Code 2023, are amended by striking the paragraphs.
23 Sec. 15. Section 157.2, subsection 2, Code 2023, is amended
24to read as follows:
252. Cosmetologists shall not represent themselves to the
26public as electrologists, estheticians, or nail technologists
27unless the cosmetologist has completed the additional course of
28 study for the respective practice as prescribed by the board
29pursuant to section 157.10.
30 Sec. 16. Section 157.3, subsection 1, paragraph a, Code
312023, is amended to read as follows:
32a. Presents to the department a diploma, or similar
33evidence, issued by a licensed school of barbering and
34 cosmetology arts and sciences indicating that the applicant
35has completed the course of study for the appropriate practice
-3-1of the cosmetology arts and sciences prescribed by the board.
2An applicant may satisfy this requirement upon presenting a
3diploma or similar evidence issued by a school in another
4state, recognized by the board, which provides instruction
5regarding the practice for which licensure is sought, provided
6that the course of study is equivalent to or greater in length
7and scope than that required for a school in this state, and is
8approved by the board.
9 Sec. 17. Section 157.3, Code 2023, is amended by adding the
10following new subsection:
11 NEW SUBSECTION. 3. The board shall adopt rules for the
12licensure of persons who perform the practice of barbering
13and hairstyling. A barber and hairstylist licensed pursuant
14to this subsection shall not practice any cosmetology art or
15science other than barbering and hairstyling. Nothing in
16this subsection shall restrict the practice of barbering or
17hairstyling by a cosmetologist.
18 Sec. 18. Section 157.3A, Code 2023, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 6. Shaving or trimming for hair removal by
21the use of a straight edge razor shall only be performed by the
22following persons:
23a. A licensed barber and hairstylist.
24b. A cosmetologist trained and certified in the use of a
25straight edge razor in compliance with applicable rules of
26the board. The board shall not require a cosmetologist to
27complete more than forty clock hours of training to receive a
28certification under this paragraph.
29 Sec. 19. Section 157.4, subsection 3, paragraph a, Code
302023, is amended to read as follows:
31a. The permit shall be issued for a specific event and may
32be issued to a salon an establishment, school of barbering and
33 cosmetology arts and sciences, or person.
34 Sec. 20. Section 157.6, Code 2023, is amended to read as
35follows:
-4- 1157.6 Sanitary rules — practice in the home.
2The department shall prescribe sanitary rules for salons
3 establishments and schools of cosmetology arts and sciences
4which shall include the sanitary conditions necessary for
5the practice of cosmetology arts and sciences and for the
6prevention of infectious and contagious diseases. Subject
7to local zoning ordinances, a salon an establishment may be
8established in a residence if a room other than the living
9quarters is equipped for that purpose. The department shall
10enforce this section and make necessary inspections for
11enforcement purposes.
12 Sec. 21. Section 157.7, subsection 1, Code 2023, is amended
13to read as follows:
141. The department of inspections and appeals shall
15employ personnel pursuant to chapter 8A, subchapter IV, to
16perform duties related to inspection functions under this
17chapter. The department of inspections and appeals shall, when
18possible, integrate inspection efforts under this chapter with
19inspections conducted under chapter 158.
20 Sec. 22. Section 157.8, subsection 1, Code 2023, is amended
21to read as follows:
221. It is unlawful for a school of barbering and cosmetology
23arts and sciences to operate unless the owner has obtained
24a license issued by the department. The owner shall file a
25verified application with the department on forms prescribed
26by the board.
27 Sec. 23. Section 157.8, subsection 2, paragraph c, Code
282023, is amended by striking the paragraph.
29 Sec. 24. Section 157.8, subsection 2, paragraph d, Code
302023, is amended to read as follows:
31d. The school of barbering and cosmetology arts and sciences
32must pass a sanitary inspection under section 157.6. An annual
33inspection of each school of barbering and cosmetology arts and
34sciences, including the educational activities of each school,
35shall be conducted and completed by the board or its designee
-5-1prior to renewal of the license.
2 Sec. 25. NEW SECTION. 157.8A Use of schools of barbering
3and cosmetology arts and sciences.
4A school of barbering and cosmetology arts and sciences may
5be used for purposes other than student instruction during
6scheduled instruction time and work experience time so long as
7the other activities do not disrupt classes. The board shall
8adopt rules for the implementation of this section.
9 Sec. 26. Section 157.9, Code 2023, is amended to read as
10follows:
11157.9 License suspension and revocation.
12Any license issued by the department under the provisions
13of this chapter may be suspended, revoked, or renewal denied
14by the board for violation of any provision of this chapter
15or chapter 158 or rules promulgated by the board under the
16provisions of chapter 17A.
17 Sec. 27. Section 157.10, subsections 1 and 3, Code 2023, are
18amended to read as follows:
191. a. The course of study required for licensure for the
20practice of cosmetology shall be two thousand one hundred clock
21hours, or seventy semester credit hours or the equivalent
22thereof as determined pursuant to administrative rule and
23regulations promulgated by the United States department of
24education. The clock hours, and equivalent number of semester
25credit hours or the equivalent thereof as determined pursuant
26to administrative rule and regulations promulgated by the
27United States department of education, of a course of study
28required for licensure for the practices of electrology,
29esthetics, and nail technology, manicuring, and pedicuring
30 shall be established by the board. The board shall adopt rules
31to define the course and content of study for each practice of
32cosmetology arts and sciences.
33b. The course of study required for licensure which is
34limited to the practice of esthetics shall be six hundred
35hours.
-6- 1c. The course of study required for licensure which is
2limited to the practice of nail technology shall be three
3hundred twenty-five hours.
43. A barber licensed under chapter 158 or a student in
5a barber school who applies for licensure in a practice of
6cosmetology arts and sciences or who enrolls in a school of
7barbering and cosmetology arts and sciences shall be granted,
8at the discretion of the school, at least half credit and
9up to full credit for each course successfully completed for
10licensure as a barber in the practice of barbering which meets
11the requirements for licensure in a the practice of barbering
12and hairstyling or the practice of cosmetology arts and
13sciences.
14 Sec. 28. NEW SECTION. 157.10A Course of study — barbering
15and hairstyling.
16The course of study required for a license to practice
17barbering and hairstyling shall be one thousand five hundred
18hours or an equivalent number of semester credit hours or the
19equivalent thereof. Nothing in this section shall restrict the
20practice of barbering or hairstyling by a cosmetologist.
21 Sec. 29. Section 157.11, Code 2023, is amended to read as
22follows:
23157.11 Salon Establishment licenses.
241. A salon An establishment shall not operate unless the
25owner has obtained a license issued by the department. The
26owner shall apply to the department on forms prescribed by the
27board. The department may perform a sanitary inspection of
28each salon establishment biennially and may perform a sanitary
29inspection of a salon an establishment prior to the issuance of
30a license. An inspection of a salon an establishment may also
31be conducted upon receipt of a complaint by the department.
322. The application shall be accompanied by the biennial
33license fee determined pursuant to section 147.80. The license
34is valid for two years and may be renewed.
353. A licensed school of cosmetology arts and sciences at
-7-1which students practice cosmetology arts and sciences is exempt
2from licensing as a salon an establishment.
3 Sec. 30. Section 157.13, subsection 1, unnumbered paragraph
41, Code 2023, is amended to read as follows:
5It is unlawful for a person to employ an individual to
6practice cosmetology arts and sciences unless that individual
7is licensed or has obtained a temporary permit under this
8chapter. It is unlawful for a licensee to practice with
9or without compensation in any place other than a licensed
10salon establishment, or a licensed school of barbering and
11 cosmetology arts and sciences, or a licensed barbershop as
12defined in section 158.1. The following exceptions to this
13subsection shall apply:
14 Sec. 31. Section 157.13, subsection 1, paragraph a, Code
152023, is amended to read as follows:
16a. A licensee may practice at a location which is not
17a licensed salon establishment, school of barbering and
18 cosmetology arts and sciences, or licensed barbershop under
19extenuating circumstances arising from physical or mental
20disability or death of a customer.
21 Sec. 32. Section 157.13, subsection 3, Code 2023, is amended
22to read as follows:
233. If the owner or manager of a salon an establishment does
24not comply with the sanitary rules adopted under section 157.6
25or fails to maintain the salon establishment as prescribed by
26rules of the department, the department may notify the owner
27or manager in writing of the failure to comply. If the rules
28are not complied with within five days after receipt of the
29written notice by the owner or manager, the department shall in
30writing order the salon establishment closed until the rules
31are complied with. It is unlawful for a person to practice
32in a salon an establishment which has been closed under this
33section. The county attorney in each county shall assist the
34department in enforcing this section.
35 Sec. 33. Section 261.9, subsection 3, paragraph b, Code
-8-12023, is amended to read as follows:
2b. Is a barber school licensed under section 158.7 or
3 a school of barbering and cosmetology arts and sciences
4licensed under chapter 157 and is accredited by a national
5accrediting agency recognized by the United States department
6of education. For the fiscal year beginning July 1, 2017,
7an eligible institution under this paragraph shall provide a
8matching aggregate amount of institutional financial aid equal
9to at least seventy-five percent of the amount received by
10the institution’s students for Iowa tuition grant assistance
11under section 261.16A. For the fiscal year beginning July
121, 2018, the institution shall provide a matching aggregate
13amount of institutional financial aid equal to at least
14eighty-five percent of the amount received in that fiscal year.
15Commencing with the fiscal year beginning July 1, 2019, and
16each succeeding fiscal year, the matching aggregate amount of
17institutional financial aid shall be at least equal to the
18match provided by eligible institutions under paragraph “a”.
19 Sec. 34. Section 261B.11, subsection 1, paragraph i, Code
202023, is amended to read as follows:
21i. Postsecondary educational institutions licensed by
22the state of Iowa under section 157.8 or 158.7 chapter 157
23 to operate as schools of cosmetology arts and sciences or as
24barber schools in the state.
25 Sec. 35. Section 272C.1, subsection 6, paragraph g, Code
262023, is amended to read as follows:
27g. The board of barbering and cosmetology arts and sciences,
28created pursuant to chapter 147.
29 Sec. 36. Section 272C.1, subsection 6, paragraph i, Code
302023, is amended by striking the paragraph.
31 Sec. 37. REPEAL. Chapter 158, Code 2023, is repealed.
32 Sec. 38. EMERGENCY RULES. The board of cosmetology arts
33and sciences, board of barbering, and board of barbering and
34cosmetology arts and sciences may adopt emergency rules under
35section 17A.4, subsection 3, and section 17A.5, subsection 2,
-9-1paragraph “b”, to implement the provisions of this Act and
2the rules shall be effective immediately upon filing unless
3a later date is specified in the rules. Any rules adopted
4in accordance with this section shall also be published as a
5notice of intended action as provided in section 17A.4.
6 Sec. 39. TRANSITION PROVISIONS.
71. a. The merger of the boards of barbering and cosmetology
8arts and sciences in this Act shall not affect the appointment
9or any term of office of a member of either board prior to the
10effective date of this Act. A member of the board of barbering
11or the board of cosmetology arts and sciences shall continue to
12serve until the member’s term expires or the member ceases to
13hold office, whichever first occurs.
14b. The initial membership of the board of barbering and
15cosmetology arts and sciences shall consist of all members
16of the boards of barbering and cosmetology arts and sciences
17serving on the effective date of this Act.
182. A rule adopted by the board of cosmetology arts and
19sciences or board of barbering that is in force and effect
20immediately prior to the effective date of this Act shall
21continue in full force and effect until the earlier of the
22following:
23a. The rule is amended, rescinded, or supplemented by the
24affirmative action of the board of barbering and cosmetology
25arts and sciences.
26b. The rule expires by its own terms.
273. Any license or permit issued by the board of cosmetology
28arts and sciences or board of barbering in effect on the
29effective date of this Act shall continue in full force and
30effect until expiration or renewal, except as provided in
31subsection 8.
324. Any funds in any account or fund of the board of
33cosmetology arts and sciences or board of barbering shall
34be transferred to the control of the board of barbering and
35cosmetology arts and sciences.
-10- 15. Any cause of action, statute of limitation, or
2administrative action relating to or initiated by the board of
3cosmetology arts and sciences or board of barbering shall not
4be affected as a result of this Act and shall apply to the board
5of barbering and cosmetology arts and sciences.
66. All client and organizational files in the possession
7of the board of cosmetology arts and sciences or board of
8barbering shall become the property of the board of barbering
9and cosmetology arts and sciences.
107. Any personnel in the state merit system of employment
11who are mandatorily transferred due to the effect of this Act
12shall be so transferred without any loss in salary, benefits,
13or accrued years of service.
148. A person licensed as a barber as of July 1, 2023, shall
15be considered to be a person licensed to practice barbering and
16hairstyling and shall be issued a license to practice barbering
17and hairstyling upon the expiration of the person’s barbering
18license. Such a license shall permit such a person to continue
19to practice barbering as provided in chapter 158, Code 2023.
209. A person currently enrolled in a barbering school in a
21course of study requiring at least two thousand one hundred
22hours of instruction must complete the course of study by
23August 1, 2024. Each school of cosmetology arts and sciences
24shall offer a course of study in barbering and hairstyling by
25August 1, 2024.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to the practices of barbering and
30cosmetology. The bill merges the boards of cosmetology
31arts and sciences and barbering into the board of barbering
32and cosmetology arts and sciences, repeals Code chapter
33158 governing barbering, and makes conforming changes. The
34bill gives the board of barbering and cosmetology arts and
35sciences all of the powers and responsibilities of the prior
-11-1boards. The bill provides that current members of the boards
2of barbering and cosmetology arts and sciences shall become
3members of the merged board until their terms otherwise expire
4or they are otherwise replaced. The bill also provides that
5the current rules of both boards shall remain in effect until
6the board of barbering and cosmetology arts and sciences
7amends, rescinds, or supplements the rules, or the rules expire
8by their own terms. The bill grants the board of barbering,
9the board of cosmetology arts and sciences, and the board
10of barbering and cosmetology arts and sciences emergency
11rulemaking authority to implement the provisions of the bill.
12The bill also provides other transition provisions.
13The bill changes the definition of “cosmetology” by removing
14arranging, braiding, and dressing of hair and adds hairstyling.
15The bill also adds nail technology and barbering to the
16practices encompassed within the definition of “cosmetology”.
17The bill directs the board of barbering and cosmetology arts
18and sciences to develop a program for the certification of
19current cosmetologists to perform shaving with a straight edge
20razor. The bill removes “manicuring and pedicuring” from
21the definition of “cosmetology arts and sciences”. The bill
22replaces the term “salon” with the term “establishment” and
23defines the “establishment” to mean a fixed or readily movable
24place where one or more persons engage in the practice of
25cosmetology arts and sciences.
26The bill sets the training requirements for a license to
27practice esthetics to 600 hours and the training requirements
28for a license to practice nail technology to 325 hours.
29The bill renames schools of cosmetology arts and sciences
30to “schools of barbering and cosmetology arts and sciences”.
31The bill allows a school of barbering and cosmetology arts and
32sciences to be used for purposes other than student instruction
33so long as the activities do not disturb student instruction.
34The bill also directs the board of barbering and cosmetology
35arts and sciences to adopt rules for the licensure of persons
-12-1who practice barbering and hairstyling. Under current
2law, cosmetologists and barbers may both provide services
3that include hairstyling. The bill preserves the ability
4of cosmetologists to provide such services and instructs
5the board to create a new license permitting barbering and
6hairstyling licensees to provide only barbering and hairstyling
7services. The bill provides a definition of hairstyling
8and adds hairstyling to the list of cosmetology arts and
9sciences disciplines. The bill also includes definitions for
10“barbering” and “hairstyling”.
11The bill also provides for the development of a process
12for the licensure of persons who provide both hairstyling and
13barbering services but who do not practice any of the other
14cosmetology arts and sciences.
-13-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 2023, is
2amended to read as follows:
314. Administer inspections of cosmetology salons
4 establishments under section 157.7 and barbershops under
5section 158.6 chapter 157.
6 Sec. 2. Section 147.13, subsection 11, Code 2023, is amended
7to read as follows:
811. For cosmetology arts and sciences, the board of
9barbering and cosmetology arts and sciences.
10 Sec. 3. Section 147.13, subsection 12, Code 2023, is amended
11by striking the subsection.
12 Sec. 4. Section 147.14, subsection 1, paragraphs a and n,
13Code 2023, are amended by striking the paragraphs.
14 Sec. 5. Section 147.14, subsection 1, Code 2023, is amended
15by adding the following new paragraph:
16 NEW PARAGRAPH. x. For barbering and cosmetology arts and
17sciences, three members who are licensed cosmetologists, at
18least one of whom is also a licensed instructor of cosmetology
19arts and sciences; two members who are licensed to practice
20barbering and hairstyling; one member who is a licensed
21electrologist, esthetician, or nail technologist; one member
22who owns a school of cosmetology arts and sciences; and
23two members who are not licensed to practice barbering and
24hairstyling or licensed in the practice of cosmetology arts and
25sciences and who shall represent the general public.
26 Sec. 6. Section 147.76, Code 2023, is amended to read as
27follows:
28147.76 Rules.
29The boards for the various professions shall adopt all
30necessary and proper rules to administer and interpret this
31chapter and chapters 148 through 158 157, except chapter 148D.
32 Sec. 7. Section 157.1, Code 2023, is amended by adding the
33following new subsections:
34 NEW SUBSECTION. 01. “Barber and hairstylist” means a
35person who performs the practice of barbering and hairstyling,
-1-1or otherwise by the person’s occupation claims to have
2knowledge or skill particular to the practice of barbering and
3hairstyling.
4 NEW SUBSECTION. 001. “Barbering” means the practices listed
5in this subsection performed with or without compensation.
6“Barbering” includes but is not limited to the following
7practices performed upon the upper part of the human body of
8any person for cosmetic purposes and not for the treatment of
9disease or physical or mental ailments:
10a. Shaving or trimming for hair removal by the use of a
11straight edge razor.
12b. Giving facial and scalp massages or treatments with oils,
13creams, lotions, or other preparations either by hand, or by
14electrical or mechanical appliances.
15c. Singeing, shampooing, hair body processing, curling,
16blow waving, hair relaxing, bleaching or coloring the hair, or
17applying hair tonics.
18d. Applying cosmetic preparations, antiseptics, powders,
19oils, clays, waxes, or lotions to the scalp, face, or neck.
20e. Styling, cutting, or shampooing hairpieces or wigs when
21done in conjunction with haircutting or hairstyling.
22 NEW SUBSECTION. 10A. “Establishment” means a fixed place
23or a place that is readily movable where one or more persons
24engage in the practice of cosmetology arts and sciences,
25including but not limited to a retail establishment.
26 NEW SUBSECTION. 14A. “Hairstyling” means curling, waving,
27press and curl hair straightening, shampooing, cutting,
28singeing, bleaching, coloring, or similar works, upon the hair
29on the head of any person, or upon a wig or hairpiece when done
30in conjunction with haircutting or styling by any means.
31 Sec. 8. Section 157.1, subsection 1, Code 2023, is amended
32to read as follows:
331. “Board” means the board of barbering and cosmetology arts
34and sciences.
35 Sec. 9. Section 157.1, subsection 5, paragraph a, Code 2023,
-2-1is amended to read as follows:
2a. Arranging, braiding, dressing, Hairstyling, including
3 curling, waving, press and curl hair straightening, shampooing,
4cutting, singeing, bleaching, coloring, or similar works, upon
5the hair of any person, or upon a wig or hairpiece when done in
6conjunction with haircutting or hairstyling by any means.
7 Sec. 10. Section 157.1, subsection 5, Code 2023, is amended
8by adding the following new paragraph:
9 NEW PARAGRAPH. f. Barbering.
10 Sec. 11. Section 157.1, subsection 6, paragraph e, Code
112023, is amended to read as follows:
12e. Manicuring and pedicuring Hairstyling.
13 Sec. 12. Section 157.1, subsection 26, Code 2023, is amended
14by striking the subsection.
15 Sec. 13. Section 157.1, subsection 27, Code 2023, is amended
16by striking the subsection and inserting in lieu thereof the
17following:
1827. “School of barbering and cosmetology arts and sciences”
19means an establishment operated for the purpose of teaching
20cosmetology arts and sciences.
21 Sec. 14. Section 157.2, subsection 1, paragraphs b and h,
22Code 2023, are amended by striking the paragraphs.
23 Sec. 15. Section 157.2, subsection 2, Code 2023, is amended
24to read as follows:
252. Cosmetologists shall not represent themselves to the
26public as electrologists, estheticians, or nail technologists
27unless the cosmetologist has completed the additional course of
28 study for the respective practice as prescribed by the board
29pursuant to section 157.10.
30 Sec. 16. Section 157.3, subsection 1, paragraph a, Code
312023, is amended to read as follows:
32a. Presents to the department a diploma, or similar
33evidence, issued by a licensed school of barbering and
34 cosmetology arts and sciences indicating that the applicant
35has completed the course of study for the appropriate practice
-3-1of the cosmetology arts and sciences prescribed by the board.
2An applicant may satisfy this requirement upon presenting a
3diploma or similar evidence issued by a school in another
4state, recognized by the board, which provides instruction
5regarding the practice for which licensure is sought, provided
6that the course of study is equivalent to or greater in length
7and scope than that required for a school in this state, and is
8approved by the board.
9 Sec. 17. Section 157.3, Code 2023, is amended by adding the
10following new subsection:
11 NEW SUBSECTION. 3. The board shall adopt rules for the
12licensure of persons who perform the practice of barbering
13and hairstyling. A barber and hairstylist licensed pursuant
14to this subsection shall not practice any cosmetology art or
15science other than barbering and hairstyling. Nothing in
16this subsection shall restrict the practice of barbering or
17hairstyling by a cosmetologist.
18 Sec. 18. Section 157.3A, Code 2023, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 6. Shaving or trimming for hair removal by
21the use of a straight edge razor shall only be performed by the
22following persons:
23a. A licensed barber and hairstylist.
24b. A cosmetologist trained and certified in the use of a
25straight edge razor in compliance with applicable rules of
26the board. The board shall not require a cosmetologist to
27complete more than forty clock hours of training to receive a
28certification under this paragraph.
29 Sec. 19. Section 157.4, subsection 3, paragraph a, Code
302023, is amended to read as follows:
31a. The permit shall be issued for a specific event and may
32be issued to a salon an establishment, school of barbering and
33 cosmetology arts and sciences, or person.
34 Sec. 20. Section 157.6, Code 2023, is amended to read as
35follows:
-4- 1157.6 Sanitary rules — practice in the home.
2The department shall prescribe sanitary rules for salons
3 establishments and schools of cosmetology arts and sciences
4which shall include the sanitary conditions necessary for
5the practice of cosmetology arts and sciences and for the
6prevention of infectious and contagious diseases. Subject
7to local zoning ordinances, a salon an establishment may be
8established in a residence if a room other than the living
9quarters is equipped for that purpose. The department shall
10enforce this section and make necessary inspections for
11enforcement purposes.
12 Sec. 21. Section 157.7, subsection 1, Code 2023, is amended
13to read as follows:
141. The department of inspections and appeals shall
15employ personnel pursuant to chapter 8A, subchapter IV, to
16perform duties related to inspection functions under this
17chapter. The department of inspections and appeals shall, when
18possible, integrate inspection efforts under this chapter with
19inspections conducted under chapter 158.
20 Sec. 22. Section 157.8, subsection 1, Code 2023, is amended
21to read as follows:
221. It is unlawful for a school of barbering and cosmetology
23arts and sciences to operate unless the owner has obtained
24a license issued by the department. The owner shall file a
25verified application with the department on forms prescribed
26by the board.
27 Sec. 23. Section 157.8, subsection 2, paragraph c, Code
282023, is amended by striking the paragraph.
29 Sec. 24. Section 157.8, subsection 2, paragraph d, Code
302023, is amended to read as follows:
31d. The school of barbering and cosmetology arts and sciences
32must pass a sanitary inspection under section 157.6. An annual
33inspection of each school of barbering and cosmetology arts and
34sciences, including the educational activities of each school,
35shall be conducted and completed by the board or its designee
-5-1prior to renewal of the license.
2 Sec. 25. NEW SECTION. 157.8A Use of schools of barbering
3and cosmetology arts and sciences.
4A school of barbering and cosmetology arts and sciences may
5be used for purposes other than student instruction during
6scheduled instruction time and work experience time so long as
7the other activities do not disrupt classes. The board shall
8adopt rules for the implementation of this section.
9 Sec. 26. Section 157.9, Code 2023, is amended to read as
10follows:
11157.9 License suspension and revocation.
12Any license issued by the department under the provisions
13of this chapter may be suspended, revoked, or renewal denied
14by the board for violation of any provision of this chapter
15or chapter 158 or rules promulgated by the board under the
16provisions of chapter 17A.
17 Sec. 27. Section 157.10, subsections 1 and 3, Code 2023, are
18amended to read as follows:
191. a. The course of study required for licensure for the
20practice of cosmetology shall be two thousand one hundred clock
21hours, or seventy semester credit hours or the equivalent
22thereof as determined pursuant to administrative rule and
23regulations promulgated by the United States department of
24education. The clock hours, and equivalent number of semester
25credit hours or the equivalent thereof as determined pursuant
26to administrative rule and regulations promulgated by the
27United States department of education, of a course of study
28required for licensure for the practices of electrology,
29esthetics, and nail technology, manicuring, and pedicuring
30 shall be established by the board. The board shall adopt rules
31to define the course and content of study for each practice of
32cosmetology arts and sciences.
33b. The course of study required for licensure which is
34limited to the practice of esthetics shall be six hundred
35hours.
-6- 1c. The course of study required for licensure which is
2limited to the practice of nail technology shall be three
3hundred twenty-five hours.
43. A barber licensed under chapter 158 or a student in
5a barber school who applies for licensure in a practice of
6cosmetology arts and sciences or who enrolls in a school of
7barbering and cosmetology arts and sciences shall be granted,
8at the discretion of the school, at least half credit and
9up to full credit for each course successfully completed for
10licensure as a barber in the practice of barbering which meets
11the requirements for licensure in a the practice of barbering
12and hairstyling or the practice of cosmetology arts and
13sciences.
14 Sec. 28. NEW SECTION. 157.10A Course of study — barbering
15and hairstyling.
16The course of study required for a license to practice
17barbering and hairstyling shall be one thousand five hundred
18hours or an equivalent number of semester credit hours or the
19equivalent thereof. Nothing in this section shall restrict the
20practice of barbering or hairstyling by a cosmetologist.
21 Sec. 29. Section 157.11, Code 2023, is amended to read as
22follows:
23157.11 Salon Establishment licenses.
241. A salon An establishment shall not operate unless the
25owner has obtained a license issued by the department. The
26owner shall apply to the department on forms prescribed by the
27board. The department may perform a sanitary inspection of
28each salon establishment biennially and may perform a sanitary
29inspection of a salon an establishment prior to the issuance of
30a license. An inspection of a salon an establishment may also
31be conducted upon receipt of a complaint by the department.
322. The application shall be accompanied by the biennial
33license fee determined pursuant to section 147.80. The license
34is valid for two years and may be renewed.
353. A licensed school of cosmetology arts and sciences at
-7-1which students practice cosmetology arts and sciences is exempt
2from licensing as a salon an establishment.
3 Sec. 30. Section 157.13, subsection 1, unnumbered paragraph
41, Code 2023, is amended to read as follows:
5It is unlawful for a person to employ an individual to
6practice cosmetology arts and sciences unless that individual
7is licensed or has obtained a temporary permit under this
8chapter. It is unlawful for a licensee to practice with
9or without compensation in any place other than a licensed
10salon establishment, or a licensed school of barbering and
11 cosmetology arts and sciences, or a licensed barbershop as
12defined in section 158.1. The following exceptions to this
13subsection shall apply:
14 Sec. 31. Section 157.13, subsection 1, paragraph a, Code
152023, is amended to read as follows:
16a. A licensee may practice at a location which is not
17a licensed salon establishment, school of barbering and
18 cosmetology arts and sciences, or licensed barbershop under
19extenuating circumstances arising from physical or mental
20disability or death of a customer.
21 Sec. 32. Section 157.13, subsection 3, Code 2023, is amended
22to read as follows:
233. If the owner or manager of a salon an establishment does
24not comply with the sanitary rules adopted under section 157.6
25or fails to maintain the salon establishment as prescribed by
26rules of the department, the department may notify the owner
27or manager in writing of the failure to comply. If the rules
28are not complied with within five days after receipt of the
29written notice by the owner or manager, the department shall in
30writing order the salon establishment closed until the rules
31are complied with. It is unlawful for a person to practice
32in a salon an establishment which has been closed under this
33section. The county attorney in each county shall assist the
34department in enforcing this section.
35 Sec. 33. Section 261.9, subsection 3, paragraph b, Code
-8-12023, is amended to read as follows:
2b. Is a barber school licensed under section 158.7 or
3 a school of barbering and cosmetology arts and sciences
4licensed under chapter 157 and is accredited by a national
5accrediting agency recognized by the United States department
6of education. For the fiscal year beginning July 1, 2017,
7an eligible institution under this paragraph shall provide a
8matching aggregate amount of institutional financial aid equal
9to at least seventy-five percent of the amount received by
10the institution’s students for Iowa tuition grant assistance
11under section 261.16A. For the fiscal year beginning July
121, 2018, the institution shall provide a matching aggregate
13amount of institutional financial aid equal to at least
14eighty-five percent of the amount received in that fiscal year.
15Commencing with the fiscal year beginning July 1, 2019, and
16each succeeding fiscal year, the matching aggregate amount of
17institutional financial aid shall be at least equal to the
18match provided by eligible institutions under paragraph “a”.
19 Sec. 34. Section 261B.11, subsection 1, paragraph i, Code
202023, is amended to read as follows:
21i. Postsecondary educational institutions licensed by
22the state of Iowa under section 157.8 or 158.7 chapter 157
23 to operate as schools of cosmetology arts and sciences or as
24barber schools in the state.
25 Sec. 35. Section 272C.1, subsection 6, paragraph g, Code
262023, is amended to read as follows:
27g. The board of barbering and cosmetology arts and sciences,
28created pursuant to chapter 147.
29 Sec. 36. Section 272C.1, subsection 6, paragraph i, Code
302023, is amended by striking the paragraph.
31 Sec. 37. REPEAL. Chapter 158, Code 2023, is repealed.
32 Sec. 38. EMERGENCY RULES. The board of cosmetology arts
33and sciences, board of barbering, and board of barbering and
34cosmetology arts and sciences may adopt emergency rules under
35section 17A.4, subsection 3, and section 17A.5, subsection 2,
-9-1paragraph “b”, to implement the provisions of this Act and
2the rules shall be effective immediately upon filing unless
3a later date is specified in the rules. Any rules adopted
4in accordance with this section shall also be published as a
5notice of intended action as provided in section 17A.4.
6 Sec. 39. TRANSITION PROVISIONS.
71. a. The merger of the boards of barbering and cosmetology
8arts and sciences in this Act shall not affect the appointment
9or any term of office of a member of either board prior to the
10effective date of this Act. A member of the board of barbering
11or the board of cosmetology arts and sciences shall continue to
12serve until the member’s term expires or the member ceases to
13hold office, whichever first occurs.
14b. The initial membership of the board of barbering and
15cosmetology arts and sciences shall consist of all members
16of the boards of barbering and cosmetology arts and sciences
17serving on the effective date of this Act.
182. A rule adopted by the board of cosmetology arts and
19sciences or board of barbering that is in force and effect
20immediately prior to the effective date of this Act shall
21continue in full force and effect until the earlier of the
22following:
23a. The rule is amended, rescinded, or supplemented by the
24affirmative action of the board of barbering and cosmetology
25arts and sciences.
26b. The rule expires by its own terms.
273. Any license or permit issued by the board of cosmetology
28arts and sciences or board of barbering in effect on the
29effective date of this Act shall continue in full force and
30effect until expiration or renewal, except as provided in
31subsection 8.
324. Any funds in any account or fund of the board of
33cosmetology arts and sciences or board of barbering shall
34be transferred to the control of the board of barbering and
35cosmetology arts and sciences.
-10- 15. Any cause of action, statute of limitation, or
2administrative action relating to or initiated by the board of
3cosmetology arts and sciences or board of barbering shall not
4be affected as a result of this Act and shall apply to the board
5of barbering and cosmetology arts and sciences.
66. All client and organizational files in the possession
7of the board of cosmetology arts and sciences or board of
8barbering shall become the property of the board of barbering
9and cosmetology arts and sciences.
107. Any personnel in the state merit system of employment
11who are mandatorily transferred due to the effect of this Act
12shall be so transferred without any loss in salary, benefits,
13or accrued years of service.
148. A person licensed as a barber as of July 1, 2023, shall
15be considered to be a person licensed to practice barbering and
16hairstyling and shall be issued a license to practice barbering
17and hairstyling upon the expiration of the person’s barbering
18license. Such a license shall permit such a person to continue
19to practice barbering as provided in chapter 158, Code 2023.
209. A person currently enrolled in a barbering school in a
21course of study requiring at least two thousand one hundred
22hours of instruction must complete the course of study by
23August 1, 2024. Each school of cosmetology arts and sciences
24shall offer a course of study in barbering and hairstyling by
25August 1, 2024.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to the practices of barbering and
30cosmetology. The bill merges the boards of cosmetology
31arts and sciences and barbering into the board of barbering
32and cosmetology arts and sciences, repeals Code chapter
33158 governing barbering, and makes conforming changes. The
34bill gives the board of barbering and cosmetology arts and
35sciences all of the powers and responsibilities of the prior
-11-1boards. The bill provides that current members of the boards
2of barbering and cosmetology arts and sciences shall become
3members of the merged board until their terms otherwise expire
4or they are otherwise replaced. The bill also provides that
5the current rules of both boards shall remain in effect until
6the board of barbering and cosmetology arts and sciences
7amends, rescinds, or supplements the rules, or the rules expire
8by their own terms. The bill grants the board of barbering,
9the board of cosmetology arts and sciences, and the board
10of barbering and cosmetology arts and sciences emergency
11rulemaking authority to implement the provisions of the bill.
12The bill also provides other transition provisions.
13The bill changes the definition of “cosmetology” by removing
14arranging, braiding, and dressing of hair and adds hairstyling.
15The bill also adds nail technology and barbering to the
16practices encompassed within the definition of “cosmetology”.
17The bill directs the board of barbering and cosmetology arts
18and sciences to develop a program for the certification of
19current cosmetologists to perform shaving with a straight edge
20razor. The bill removes “manicuring and pedicuring” from
21the definition of “cosmetology arts and sciences”. The bill
22replaces the term “salon” with the term “establishment” and
23defines the “establishment” to mean a fixed or readily movable
24place where one or more persons engage in the practice of
25cosmetology arts and sciences.
26The bill sets the training requirements for a license to
27practice esthetics to 600 hours and the training requirements
28for a license to practice nail technology to 325 hours.
29The bill renames schools of cosmetology arts and sciences
30to “schools of barbering and cosmetology arts and sciences”.
31The bill allows a school of barbering and cosmetology arts and
32sciences to be used for purposes other than student instruction
33so long as the activities do not disturb student instruction.
34The bill also directs the board of barbering and cosmetology
35arts and sciences to adopt rules for the licensure of persons
-12-1who practice barbering and hairstyling. Under current
2law, cosmetologists and barbers may both provide services
3that include hairstyling. The bill preserves the ability
4of cosmetologists to provide such services and instructs
5the board to create a new license permitting barbering and
6hairstyling licensees to provide only barbering and hairstyling
7services. The bill provides a definition of hairstyling
8and adds hairstyling to the list of cosmetology arts and
9sciences disciplines. The bill also includes definitions for
10“barbering” and “hairstyling”.
11The bill also provides for the development of a process
12for the licensure of persons who provide both hairstyling and
13barbering services but who do not practice any of the other
14cosmetology arts and sciences.
-13-ss/rh