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House File 652 - ReprintedA 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
17and sciences, three members who are licensed barbers or
18cosmetologists, at least one of whom is also a licensed
19instructor of cosmetology arts and sciences; one member who is
20a licensed electrologist, esthetician, or nail technologist;
21one member who owns a school of cosmetology arts and sciences;
22and one member who is not licensed in the practice of
23cosmetology arts and sciences and who shall represent the
24general public.
25 Sec. 6. Section 147.76, Code 2023, is amended to read as
26follows:
27147.76 Rules.
28The boards for the various professions shall adopt all
29necessary and proper rules to administer and interpret this
30chapter and chapters 148 through 158 157, except chapter 148D.
31 Sec. 7. Section 157.1, Code 2023, is amended by adding the
32following new subsections:
33 NEW SUBSECTION. 001. “Barbering” means the practices listed
34in this subsection performed with or without compensation.
35“Barbering” includes but is not limited to the following
-1-1practices performed upon the upper part of the human body of
2any person for cosmetic purposes and not for the treatment of
3disease or physical or mental ailments:
4a. Shaving or trimming for hair removal by the use of a
5straight edge razor.
6b. Giving facial and scalp massages or treatments with oils,
7creams, lotions, or other preparations either by hand, or by
8electrical or mechanical appliances.
9c. Singeing, shampooing, hair body processing, curling,
10blow waving, hair relaxing, bleaching or coloring the hair, or
11applying hair tonics.
12d. Applying cosmetic preparations, antiseptics, powders,
13oils, clays, waxes, or lotions to the scalp, face, or neck.
14e. Styling, cutting, or shampooing hairpieces or wigs when
15done in conjunction with haircutting or hairstyling.
16 NEW SUBSECTION. 10A. “Establishment” means a fixed location
17or a location that is readily movable where one or more persons
18engage in the practice of cosmetology arts and sciences,
19including but not limited to a retail establishment.
20 Sec. 8. Section 157.1, subsections 1 and 4, Code 2023, are
21amended to read as follows:
221. “Board” means the board of barbering and cosmetology arts
23and sciences.
244. “Cosmetologist” or “barber” means a person who performs
25the practice of cosmetology, or otherwise by the person’s
26occupation claims to have knowledge or skill particular to the
27practice of cosmetology. Cosmetologists and barbers shall not
28represent themselves to the public as being primarily in the
29practice of haircutting unless that function is, in fact, their
30primary specialty.
31 Sec. 9. Section 157.1, subsection 5, paragraph a, Code 2023,
32is amended to read as follows:
33a. Arranging, braiding, dressing, Hairstyling, including
34 curling, waving, press and curl hair straightening, shampooing,
35cutting, singeing, bleaching, coloring, or similar works, upon
-2-1the hair of any person, or upon a wig or hairpiece when done in
2conjunction with haircutting or hairstyling by any means.
3 Sec. 10. Section 157.1, subsection 5, Code 2023, is amended
4by adding the following new paragraph:
5 NEW PARAGRAPH. f. Barbering.
6 Sec. 11. Section 157.1, subsection 6, paragraph e, Code
72023, is amended by striking the paragraph.
8 Sec. 12. Section 157.1, subsection 26, Code 2023, is amended
9by striking the subsection.
10 Sec. 13. Section 157.1, subsection 27, Code 2023, is amended
11by striking the subsection and inserting in lieu thereof the
12following:
1327. “School of barbering and cosmetology arts and sciences”
14means an establishment operated for the purpose of teaching
15cosmetology arts and sciences.
16 Sec. 14. Section 157.2, subsection 1, paragraphs b and h,
17Code 2023, are amended by striking the paragraphs.
18 Sec. 15. Section 157.2, subsection 2, Code 2023, is amended
19to read as follows:
202. Cosmetologists and barbers shall not represent
21themselves to the public as electrologists, estheticians, or
22nail technologists unless the cosmetologist or barber has
23completed the additional course of study for the respective
24practice as prescribed by the board pursuant to section 157.10.
25 Sec. 16. Section 157.3, subsection 1, unnumbered paragraph
261, Code 2023, is amended to read as follows:
27An applicant who is at least sixteen years of age and has
28graduated from high school successfully completed tenth grade
29 or its equivalent shall be issued a license to practice any of
30the cosmetology arts and sciences by the department when the
31applicant satisfies all of the following:
32 Sec. 17. Section 157.3, subsection 1, paragraph a, Code
332023, is amended to read as follows:
34a. Presents to the department a diploma, or similar
35evidence, issued by a licensed school of barbering and
-3-1 cosmetology arts and sciences indicating that the applicant
2has completed the course of study for the appropriate practice
3of the cosmetology arts and sciences prescribed by the board.
4An applicant may satisfy this requirement upon presenting a
5diploma or similar evidence issued by a school in another
6state, recognized by the board, which provides instruction
7regarding the practice for which licensure is sought, provided
8that the course of study is equivalent to or greater in length
9and scope than that required for a school in this state, and is
10approved by the board.
11 Sec. 18. Section 157.3, Code 2023, is amended by adding the
12following new subsection:
13 NEW SUBSECTION. 3. An applicant shall indicate on the
14applicant’s application whether the applicant seeks to be
15licensed as a cosmetologist or a barber.
16 Sec. 19. Section 157.3A, subsection 2, paragraphs a and b,
17Code 2023, are amended to read as follows:
18a. A licensed cosmetologist or barber having received
19additional training in the use of chemical peels,
20microdermabrasion, a certified laser product, or an intense
21pulsed light device for hair removal shall submit a written
22application and proof of additional training and certification
23for approval by the board. A cosmetologist or barber who is
24licensed after July 1, 2005, shall not be eligible to provide
25chemical peels, practice microdermabrasion procedures, use
26certified laser products, or use an intense pulsed light device
27for hair removal.
28b. A licensed cosmetologist or barber who applies permanent
29makeup or cosmetic micropigmentation shall comply with the
30provisions of section 135.37 and applicable rules.
31 Sec. 20. Section 157.3A, subsection 4, Code 2023, is amended
32to read as follows:
334. Any additional training received by a licensed
34esthetician, cosmetologist or barber, or electrologist
35and submitted to the board relating to utilization of a
-4-1certified laser product or an intense pulsed light device
2shall include a safety training component which provides a
3thorough understanding of the procedures being performed. The
4training program shall address fundamentals of nonbeam hazards,
5management and employee responsibilities relating to control
6measures, and regulatory requirements.
7 Sec. 21. Section 157.3A, Code 2023, is amended by adding the
8following new subsection:
9 NEW SUBSECTION. 6. Shaving or trimming for hair removal by
10a cosmetologist or barber trained and certified in the use of a
11straight edge razor in compliance with applicable rules of the
12board. The board shall not require a cosmetologist or barber
13to complete more than forty clock hours of training to receive
14a certification under this subsection.
15 Sec. 22. Section 157.4, subsection 3, paragraph a, Code
162023, is amended to read as follows:
17a. The permit shall be issued for a specific event and may
18be issued to a salon an establishment, school of barbering and
19 cosmetology arts and sciences, or person.
20 Sec. 23. Section 157.5, subsection 1, unnumbered paragraph
211, Code 2023, is amended to read as follows:
22A licensed cosmetologist or barber, esthetician, or
23electrologist who provides services relating to the use of a
24certified laser product, intense pulsed light device for hair
25removal, chemical peel, or microdermabrasion, shall obtain a
26consent in writing prior to the administration of the services.
27A consent in writing shall create a presumption that informed
28consent was given if the consent:
29 Sec. 24. Section 157.5, subsection 2, Code 2023, is amended
30to read as follows:
312. A licensed cosmetologist or barber, esthetician, or
32electrologist who provides services related to the use of a
33certified laser product, intense pulsed light device for hair
34removal, chemical peel, or microdermabrasion, shall submit
35a report to the board within thirty days of any incident
-5-1involving the provision of such services which results in
2physical injury requiring medical attention. Failure to comply
3with this section shall result in disciplinary action being
4taken by the board.
5 Sec. 25. Section 157.6, Code 2023, is amended to read as
6follows:
7157.6 Sanitary rules — practice in the home.
8The department shall prescribe sanitary rules for salons
9 establishments and schools of cosmetology arts and sciences
10which shall include the sanitary conditions necessary for
11the practice of cosmetology arts and sciences and for the
12prevention of infectious and contagious diseases. Subject
13to local zoning ordinances, a salon an establishment may be
14established in a residence if a room other than the living
15quarters is equipped for that purpose. The department shall
16enforce this section and make necessary inspections for
17enforcement purposes.
18 Sec. 26. Section 157.7, subsection 1, Code 2023, is amended
19to read as follows:
201. The department of inspections and appeals shall
21employ personnel pursuant to chapter 8A, subchapter IV, to
22perform duties related to inspection functions under this
23chapter. The department of inspections and appeals shall, when
24possible, integrate inspection efforts under this chapter with
25inspections conducted under chapter 158.
26 Sec. 27. Section 157.8, subsection 1, Code 2023, is amended
27to read as follows:
281. It is unlawful for a school of barbering and cosmetology
29arts and sciences to operate unless the owner has obtained
30a license issued by the department. The owner shall file a
31verified application with the department on forms prescribed
32by the board.
33 Sec. 28. Section 157.8, subsection 2, paragraph c, Code
342023, is amended by striking the paragraph.
35 Sec. 29. Section 157.8, subsection 2, paragraph d, Code
-6-12023, is amended to read as follows:
2d. The school of barbering and cosmetology arts and sciences
3must pass a sanitary inspection under section 157.6. An annual
4inspection of each school of barbering and cosmetology arts and
5sciences, including the educational activities of each school,
6shall be conducted and completed by the board or its designee
7prior to renewal of the license.
8 Sec. 30. NEW SECTION. 157.8A Use of schools of barbering
9and cosmetology arts and sciences.
10A school of barbering and cosmetology arts and sciences may
11be used for purposes other than student instruction so long as
12the other activities do not disrupt classes. The board shall
13adopt rules for the implementation of this section.
14 Sec. 31. Section 157.9, Code 2023, is amended to read as
15follows:
16157.9 License suspension and revocation.
17Any license issued by the department under the provisions
18of this chapter may be suspended, revoked, or renewal denied
19by the board for violation of any provision of this chapter
20or chapter 158 or rules promulgated by the board under the
21provisions of chapter 17A.
22 Sec. 32. Section 157.10, subsections 1 and 3, Code 2023, are
23amended to read as follows:
241. a. The course of study required for licensure for the
25practice of cosmetology shall be two thousand one hundred
26clock hours, or seventy a minimum of one thousand five hundred
27fifty clock hours, or fifty-one semester credit hours or the
28equivalent thereof as determined pursuant to administrative
29rule and regulations promulgated by the United States
30department of education. The clock hours, and equivalent
31number of semester credit hours or the equivalent thereof as
32determined pursuant to administrative rule and regulations
33promulgated by the United States department of education, of
34a course of study required for licensure for the practices of
35electrology, esthetics, and nail technology, manicuring, and
-7-1pedicuring shall be established by the board. The board shall
2adopt rules to define the course and content of study for each
3practice of cosmetology arts and sciences.
4b. The course of study required for licensure which is
5limited to the practice of esthetics shall be a minimum of six
6hundred hours.
7c. The course of study required for licensure which is
8limited to the practice of nail technology shall be a minimum
9of three hundred twenty-five hours.
103. A barber licensed under chapter 158 or a student in
11a barber school who applies for licensure in a practice of
12cosmetology arts and sciences or who enrolls in a school of
13barbering and cosmetology arts and sciences shall be granted,
14at the discretion of the school, at least half credit and
15up to full credit for each course successfully completed for
16licensure as a barber in the practice of barbering which meets
17the requirements for licensure in a practice of cosmetology
18arts and sciences.
19 Sec. 33. Section 157.11, Code 2023, is amended to read as
20follows:
21157.11 Salon Establishment licenses.
221. A salon An establishment shall not operate unless the
23owner has obtained a license issued by the department. The
24owner shall apply to the department on forms prescribed by the
25board. The department may perform a sanitary inspection of
26each salon establishment biennially and may perform a sanitary
27inspection of a salon an establishment prior to the issuance of
28a license. An inspection of a salon an establishment may also
29be conducted upon receipt of a complaint by the department.
302. The application shall be accompanied by the biennial
31license fee determined pursuant to section 147.80. The license
32is valid for two years and may be renewed.
333. A licensed school of cosmetology arts and sciences at
34which students practice cosmetology arts and sciences is exempt
35from licensing as a salon an establishment.
-8-1 Sec. 34. NEW SECTION. 157.12C Blow-dry styling.
21. A person engaged exclusively in the practice of blow-dry
3styling is not required to receive a license issued under
4section 157.3.
52. A person shall not engage in the practice of blow-dry
6styling except at an establishment that is licensed pursuant to
7section 157.11 or an establishment established in a residence
8pursuant to section 157.6.
93. A person shall not engage exclusively in the practice
10of blow-dry styling unless the person has completed two hours
11of education related to Iowa cosmetology law and rules and
12sanitation, as determined by the board by rule.
134. For the purposes of this section, “blow-dry styling”
14means the practice of shampooing, conditioning, drying,
15arranging, curling, straightening or styling hair using only
16mechanical devices, hair sprays, and topical agents such as
17balms, oils and serums, and includes the use and styling of
18hair extensions, hair pieces and wigs. “Blow-dry styling” does
19not include cutting hair or the application of dyes, bleaches,
20reactive chemicals, keratin treatments, or other preparations
21to color or alter the structure of hair.
22 Sec. 35. Section 157.13, subsection 1, unnumbered paragraph
231, Code 2023, is amended to read as follows:
24It is unlawful for a person to employ an individual to
25practice cosmetology arts and sciences unless that individual
26is licensed or has obtained a temporary permit under this
27chapter. It is unlawful for a licensee to practice with
28or without compensation in any place other than a licensed
29salon establishment, or a licensed school of barbering and
30 cosmetology arts and sciences, or a licensed barbershop as
31defined in section 158.1. The following exceptions to this
32subsection shall apply:
33 Sec. 36. Section 157.13, subsection 1, paragraph a, Code
342023, is amended to read as follows:
35a. A licensee may practice at a location which is not
-9-1a licensed salon establishment, school of barbering and
2 cosmetology arts and sciences, or licensed barbershop under
3extenuating circumstances arising from physical or mental
4disability or death of a customer pursuant to rules adopted by
5the board.
6 Sec. 37. Section 157.13, subsections 2 and 3, Code 2023, are
7amended to read as follows:
82. It is unlawful for a licensee to claim to be a licensed
9barber unless the licensee is a licensed barber, however a
10licensed cosmetologist may work in a licensed barbershop. It
11is unlawful for a person to employ a licensed cosmetologist
12or barber, esthetician, or electrologist to perform the
13services described in section 157.3A if the licensee has not
14received the additional training and met the other requirements
15specified in section 157.3A.
163. If the owner or manager of a salon an establishment does
17not comply with the sanitary rules adopted under section 157.6
18or fails to maintain the salon establishment as prescribed by
19rules of the department, the department may notify the owner
20or manager in writing of the failure to comply. If the rules
21are not complied with within five days after receipt of the
22written notice by the owner or manager, the department shall in
23writing order the salon establishment closed until the rules
24are complied with. It is unlawful for a person to practice
25in a salon an establishment which has been closed under this
26section. The county attorney in each county shall assist the
27department in enforcing this section.
28 Sec. 38. Section 261.9, subsection 3, paragraph b, Code
292023, is amended to read as follows:
30b. Is a barber school licensed under section 158.7 or
31 a school of barbering and cosmetology arts and sciences
32licensed under chapter 157 and is accredited by a national
33accrediting agency recognized by the United States department
34of education. For the fiscal year beginning July 1, 2017,
35an eligible institution under this paragraph shall provide a
-10-1matching aggregate amount of institutional financial aid equal
2to at least seventy-five percent of the amount received by
3the institution’s students for Iowa tuition grant assistance
4under section 261.16A. For the fiscal year beginning July
51, 2018, the institution shall provide a matching aggregate
6amount of institutional financial aid equal to at least
7eighty-five percent of the amount received in that fiscal year.
8Commencing with the fiscal year beginning July 1, 2019, and
9each succeeding fiscal year, the matching aggregate amount of
10institutional financial aid shall be at least equal to the
11match provided by eligible institutions under paragraph “a”.
12 Sec. 39. Section 261B.11, subsection 1, paragraph i, Code
132023, is amended to read as follows:
14i. Postsecondary educational institutions licensed by
15the state of Iowa under section 157.8 or 158.7 chapter 157
16 to operate as schools of cosmetology arts and sciences or as
17barber schools in the state.
18 Sec. 40. Section 272C.1, subsection 6, paragraph g, Code
192023, is amended to read as follows:
20g. The board of barbering and cosmetology arts and sciences,
21created pursuant to chapter 147.
22 Sec. 41. Section 272C.1, subsection 6, paragraph i, Code
232023, is amended by striking the paragraph.
24 Sec. 42. REPEAL. Chapter 158, Code 2023, is repealed.
25 Sec. 43. EMERGENCY RULES. The board of cosmetology arts
26and sciences, board of barbering, and board of barbering and
27cosmetology arts and sciences may adopt emergency rules under
28section 17A.4, subsection 3, and section 17A.5, subsection 2,
29paragraph “b”, to implement the provisions of this Act and
30the rules shall be effective immediately upon filing unless
31a later date is specified in the rules. Any rules adopted
32in accordance with this section shall also be published as a
33notice of intended action as provided in section 17A.4.
34 Sec. 44. TRANSITION PROVISIONS.
351. a. The merger of the boards of barbering and cosmetology
-11-1arts and sciences in this Act shall not affect the appointment
2or any term of office of a member of either board prior to the
3effective date of this Act. A member of the board of barbering
4or the board of cosmetology arts and sciences shall continue to
5serve until the member’s term expires, as calculated from the
6member’s initial appointment to the board of barbering or board
7of cosmetology arts and sciences, or the member ceases to hold
8office, whichever first occurs.
9b. The initial membership of the board of barbering and
10cosmetology arts and sciences shall consist of all members
11of the boards of barbering and cosmetology arts and sciences
12serving on the effective date of this Act.
132. A rule adopted by the board of cosmetology arts and
14sciences or board of barbering that is in force and effect
15immediately prior to the effective date of this Act shall
16continue in full force and effect until the earlier of the
17following:
18a. The rule is amended, rescinded, or supplemented by the
19affirmative action of the board of barbering and cosmetology
20arts and sciences.
21b. The rule expires by its own terms.
223. Any license or permit issued by the board of cosmetology
23arts and sciences or board of barbering in effect on the
24effective date of this Act shall continue in full force and
25effect until expiration or renewal, except as provided in
26subsection 8.
274. Any funds in any account or fund of the board of
28cosmetology arts and sciences or board of barbering shall
29be transferred to the control of the board of barbering and
30cosmetology arts and sciences.
315. Any cause of action, statute of limitation, or
32administrative action relating to or initiated by the board of
33cosmetology arts and sciences or board of barbering shall not
34be affected as a result of this Act and shall apply to the board
35of barbering and cosmetology arts and sciences.
-12- 16. All client and organizational files in the possession
2of the board of cosmetology arts and sciences or board of
3barbering shall become the property of the board of barbering
4and cosmetology arts and sciences.
57. Any personnel in the state merit system of employment
6who are mandatorily transferred due to the effect of this Act
7shall be so transferred without any loss in salary, benefits,
8or accrued years of service.
98. A person licensed as a barber as of July 1, 2023, shall
10be considered to be a person licensed to practice barbering and
11hairstyling and shall be issued a license to practice barbering
12and hairstyling upon the expiration of the person’s barbering
13license. Such a license shall permit such a person to continue
14to practice barbering as provided in chapter 158, Code 2023.
159. A person currently enrolled in a barbering school in a
16course of study requiring at least two thousand one hundred
17hours of instruction must complete the course of study by
18August 1, 2024.
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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
17and sciences, three members who are licensed barbers or
18cosmetologists, at least one of whom is also a licensed
19instructor of cosmetology arts and sciences; one member who is
20a licensed electrologist, esthetician, or nail technologist;
21one member who owns a school of cosmetology arts and sciences;
22and one member who is not licensed in the practice of
23cosmetology arts and sciences and who shall represent the
24general public.
25 Sec. 6. Section 147.76, Code 2023, is amended to read as
26follows:
27147.76 Rules.
28The boards for the various professions shall adopt all
29necessary and proper rules to administer and interpret this
30chapter and chapters 148 through 158 157, except chapter 148D.
31 Sec. 7. Section 157.1, Code 2023, is amended by adding the
32following new subsections:
33 NEW SUBSECTION. 001. “Barbering” means the practices listed
34in this subsection performed with or without compensation.
35“Barbering” includes but is not limited to the following
-1-1practices performed upon the upper part of the human body of
2any person for cosmetic purposes and not for the treatment of
3disease or physical or mental ailments:
4a. Shaving or trimming for hair removal by the use of a
5straight edge razor.
6b. Giving facial and scalp massages or treatments with oils,
7creams, lotions, or other preparations either by hand, or by
8electrical or mechanical appliances.
9c. Singeing, shampooing, hair body processing, curling,
10blow waving, hair relaxing, bleaching or coloring the hair, or
11applying hair tonics.
12d. Applying cosmetic preparations, antiseptics, powders,
13oils, clays, waxes, or lotions to the scalp, face, or neck.
14e. Styling, cutting, or shampooing hairpieces or wigs when
15done in conjunction with haircutting or hairstyling.
16 NEW SUBSECTION. 10A. “Establishment” means a fixed location
17or a location that is readily movable where one or more persons
18engage in the practice of cosmetology arts and sciences,
19including but not limited to a retail establishment.
20 Sec. 8. Section 157.1, subsections 1 and 4, Code 2023, are
21amended to read as follows:
221. “Board” means the board of barbering and cosmetology arts
23and sciences.
244. “Cosmetologist” or “barber” means a person who performs
25the practice of cosmetology, or otherwise by the person’s
26occupation claims to have knowledge or skill particular to the
27practice of cosmetology. Cosmetologists and barbers shall not
28represent themselves to the public as being primarily in the
29practice of haircutting unless that function is, in fact, their
30primary specialty.
31 Sec. 9. Section 157.1, subsection 5, paragraph a, Code 2023,
32is amended to read as follows:
33a. Arranging, braiding, dressing, Hairstyling, including
34 curling, waving, press and curl hair straightening, shampooing,
35cutting, singeing, bleaching, coloring, or similar works, upon
-2-1the hair of any person, or upon a wig or hairpiece when done in
2conjunction with haircutting or hairstyling by any means.
3 Sec. 10. Section 157.1, subsection 5, Code 2023, is amended
4by adding the following new paragraph:
5 NEW PARAGRAPH. f. Barbering.
6 Sec. 11. Section 157.1, subsection 6, paragraph e, Code
72023, is amended by striking the paragraph.
8 Sec. 12. Section 157.1, subsection 26, Code 2023, is amended
9by striking the subsection.
10 Sec. 13. Section 157.1, subsection 27, Code 2023, is amended
11by striking the subsection and inserting in lieu thereof the
12following:
1327. “School of barbering and cosmetology arts and sciences”
14means an establishment operated for the purpose of teaching
15cosmetology arts and sciences.
16 Sec. 14. Section 157.2, subsection 1, paragraphs b and h,
17Code 2023, are amended by striking the paragraphs.
18 Sec. 15. Section 157.2, subsection 2, Code 2023, is amended
19to read as follows:
202. Cosmetologists and barbers shall not represent
21themselves to the public as electrologists, estheticians, or
22nail technologists unless the cosmetologist or barber has
23completed the additional course of study for the respective
24practice as prescribed by the board pursuant to section 157.10.
25 Sec. 16. Section 157.3, subsection 1, unnumbered paragraph
261, Code 2023, is amended to read as follows:
27An applicant who is at least sixteen years of age and has
28graduated from high school successfully completed tenth grade
29 or its equivalent shall be issued a license to practice any of
30the cosmetology arts and sciences by the department when the
31applicant satisfies all of the following:
32 Sec. 17. Section 157.3, subsection 1, paragraph a, Code
332023, is amended to read as follows:
34a. Presents to the department a diploma, or similar
35evidence, issued by a licensed school of barbering and
-3-1 cosmetology arts and sciences indicating that the applicant
2has completed the course of study for the appropriate practice
3of the cosmetology arts and sciences prescribed by the board.
4An applicant may satisfy this requirement upon presenting a
5diploma or similar evidence issued by a school in another
6state, recognized by the board, which provides instruction
7regarding the practice for which licensure is sought, provided
8that the course of study is equivalent to or greater in length
9and scope than that required for a school in this state, and is
10approved by the board.
11 Sec. 18. Section 157.3, Code 2023, is amended by adding the
12following new subsection:
13 NEW SUBSECTION. 3. An applicant shall indicate on the
14applicant’s application whether the applicant seeks to be
15licensed as a cosmetologist or a barber.
16 Sec. 19. Section 157.3A, subsection 2, paragraphs a and b,
17Code 2023, are amended to read as follows:
18a. A licensed cosmetologist or barber having received
19additional training in the use of chemical peels,
20microdermabrasion, a certified laser product, or an intense
21pulsed light device for hair removal shall submit a written
22application and proof of additional training and certification
23for approval by the board. A cosmetologist or barber who is
24licensed after July 1, 2005, shall not be eligible to provide
25chemical peels, practice microdermabrasion procedures, use
26certified laser products, or use an intense pulsed light device
27for hair removal.
28b. A licensed cosmetologist or barber who applies permanent
29makeup or cosmetic micropigmentation shall comply with the
30provisions of section 135.37 and applicable rules.
31 Sec. 20. Section 157.3A, subsection 4, Code 2023, is amended
32to read as follows:
334. Any additional training received by a licensed
34esthetician, cosmetologist or barber, or electrologist
35and submitted to the board relating to utilization of a
-4-1certified laser product or an intense pulsed light device
2shall include a safety training component which provides a
3thorough understanding of the procedures being performed. The
4training program shall address fundamentals of nonbeam hazards,
5management and employee responsibilities relating to control
6measures, and regulatory requirements.
7 Sec. 21. Section 157.3A, Code 2023, is amended by adding the
8following new subsection:
9 NEW SUBSECTION. 6. Shaving or trimming for hair removal by
10a cosmetologist or barber trained and certified in the use of a
11straight edge razor in compliance with applicable rules of the
12board. The board shall not require a cosmetologist or barber
13to complete more than forty clock hours of training to receive
14a certification under this subsection.
15 Sec. 22. Section 157.4, subsection 3, paragraph a, Code
162023, is amended to read as follows:
17a. The permit shall be issued for a specific event and may
18be issued to a salon an establishment, school of barbering and
19 cosmetology arts and sciences, or person.
20 Sec. 23. Section 157.5, subsection 1, unnumbered paragraph
211, Code 2023, is amended to read as follows:
22A licensed cosmetologist or barber, esthetician, or
23electrologist who provides services relating to the use of a
24certified laser product, intense pulsed light device for hair
25removal, chemical peel, or microdermabrasion, shall obtain a
26consent in writing prior to the administration of the services.
27A consent in writing shall create a presumption that informed
28consent was given if the consent:
29 Sec. 24. Section 157.5, subsection 2, Code 2023, is amended
30to read as follows:
312. A licensed cosmetologist or barber, esthetician, or
32electrologist who provides services related to the use of a
33certified laser product, intense pulsed light device for hair
34removal, chemical peel, or microdermabrasion, shall submit
35a report to the board within thirty days of any incident
-5-1involving the provision of such services which results in
2physical injury requiring medical attention. Failure to comply
3with this section shall result in disciplinary action being
4taken by the board.
5 Sec. 25. Section 157.6, Code 2023, is amended to read as
6follows:
7157.6 Sanitary rules — practice in the home.
8The department shall prescribe sanitary rules for salons
9 establishments and schools of cosmetology arts and sciences
10which shall include the sanitary conditions necessary for
11the practice of cosmetology arts and sciences and for the
12prevention of infectious and contagious diseases. Subject
13to local zoning ordinances, a salon an establishment may be
14established in a residence if a room other than the living
15quarters is equipped for that purpose. The department shall
16enforce this section and make necessary inspections for
17enforcement purposes.
18 Sec. 26. Section 157.7, subsection 1, Code 2023, is amended
19to read as follows:
201. The department of inspections and appeals shall
21employ personnel pursuant to chapter 8A, subchapter IV, to
22perform duties related to inspection functions under this
23chapter. The department of inspections and appeals shall, when
24possible, integrate inspection efforts under this chapter with
25inspections conducted under chapter 158.
26 Sec. 27. Section 157.8, subsection 1, Code 2023, is amended
27to read as follows:
281. It is unlawful for a school of barbering and cosmetology
29arts and sciences to operate unless the owner has obtained
30a license issued by the department. The owner shall file a
31verified application with the department on forms prescribed
32by the board.
33 Sec. 28. Section 157.8, subsection 2, paragraph c, Code
342023, is amended by striking the paragraph.
35 Sec. 29. Section 157.8, subsection 2, paragraph d, Code
-6-12023, is amended to read as follows:
2d. The school of barbering and cosmetology arts and sciences
3must pass a sanitary inspection under section 157.6. An annual
4inspection of each school of barbering and cosmetology arts and
5sciences, including the educational activities of each school,
6shall be conducted and completed by the board or its designee
7prior to renewal of the license.
8 Sec. 30. NEW SECTION. 157.8A Use of schools of barbering
9and cosmetology arts and sciences.
10A school of barbering and cosmetology arts and sciences may
11be used for purposes other than student instruction so long as
12the other activities do not disrupt classes. The board shall
13adopt rules for the implementation of this section.
14 Sec. 31. Section 157.9, Code 2023, is amended to read as
15follows:
16157.9 License suspension and revocation.
17Any license issued by the department under the provisions
18of this chapter may be suspended, revoked, or renewal denied
19by the board for violation of any provision of this chapter
20or chapter 158 or rules promulgated by the board under the
21provisions of chapter 17A.
22 Sec. 32. Section 157.10, subsections 1 and 3, Code 2023, are
23amended to read as follows:
241. a. The course of study required for licensure for the
25practice of cosmetology shall be two thousand one hundred
26clock hours, or seventy a minimum of one thousand five hundred
27fifty clock hours, or fifty-one semester credit hours or the
28equivalent thereof as determined pursuant to administrative
29rule and regulations promulgated by the United States
30department of education. The clock hours, and equivalent
31number of semester credit hours or the equivalent thereof as
32determined pursuant to administrative rule and regulations
33promulgated by the United States department of education, of
34a course of study required for licensure for the practices of
35electrology, esthetics, and nail technology, manicuring, and
-7-1pedicuring shall be established by the board. The board shall
2adopt rules to define the course and content of study for each
3practice of cosmetology arts and sciences.
4b. The course of study required for licensure which is
5limited to the practice of esthetics shall be a minimum of six
6hundred hours.
7c. The course of study required for licensure which is
8limited to the practice of nail technology shall be a minimum
9of three hundred twenty-five hours.
103. A barber licensed under chapter 158 or a student in
11a barber school who applies for licensure in a practice of
12cosmetology arts and sciences or who enrolls in a school of
13barbering and cosmetology arts and sciences shall be granted,
14at the discretion of the school, at least half credit and
15up to full credit for each course successfully completed for
16licensure as a barber in the practice of barbering which meets
17the requirements for licensure in a practice of cosmetology
18arts and sciences.
19 Sec. 33. Section 157.11, Code 2023, is amended to read as
20follows:
21157.11 Salon Establishment licenses.
221. A salon An establishment shall not operate unless the
23owner has obtained a license issued by the department. The
24owner shall apply to the department on forms prescribed by the
25board. The department may perform a sanitary inspection of
26each salon establishment biennially and may perform a sanitary
27inspection of a salon an establishment prior to the issuance of
28a license. An inspection of a salon an establishment may also
29be conducted upon receipt of a complaint by the department.
302. The application shall be accompanied by the biennial
31license fee determined pursuant to section 147.80. The license
32is valid for two years and may be renewed.
333. A licensed school of cosmetology arts and sciences at
34which students practice cosmetology arts and sciences is exempt
35from licensing as a salon an establishment.
-8-1 Sec. 34. NEW SECTION. 157.12C Blow-dry styling.
21. A person engaged exclusively in the practice of blow-dry
3styling is not required to receive a license issued under
4section 157.3.
52. A person shall not engage in the practice of blow-dry
6styling except at an establishment that is licensed pursuant to
7section 157.11 or an establishment established in a residence
8pursuant to section 157.6.
93. A person shall not engage exclusively in the practice
10of blow-dry styling unless the person has completed two hours
11of education related to Iowa cosmetology law and rules and
12sanitation, as determined by the board by rule.
134. For the purposes of this section, “blow-dry styling”
14means the practice of shampooing, conditioning, drying,
15arranging, curling, straightening or styling hair using only
16mechanical devices, hair sprays, and topical agents such as
17balms, oils and serums, and includes the use and styling of
18hair extensions, hair pieces and wigs. “Blow-dry styling” does
19not include cutting hair or the application of dyes, bleaches,
20reactive chemicals, keratin treatments, or other preparations
21to color or alter the structure of hair.
22 Sec. 35. Section 157.13, subsection 1, unnumbered paragraph
231, Code 2023, is amended to read as follows:
24It is unlawful for a person to employ an individual to
25practice cosmetology arts and sciences unless that individual
26is licensed or has obtained a temporary permit under this
27chapter. It is unlawful for a licensee to practice with
28or without compensation in any place other than a licensed
29salon establishment, or a licensed school of barbering and
30 cosmetology arts and sciences, or a licensed barbershop as
31defined in section 158.1. The following exceptions to this
32subsection shall apply:
33 Sec. 36. Section 157.13, subsection 1, paragraph a, Code
342023, is amended to read as follows:
35a. A licensee may practice at a location which is not
-9-1a licensed salon establishment, school of barbering and
2 cosmetology arts and sciences, or licensed barbershop under
3extenuating circumstances arising from physical or mental
4disability or death of a customer pursuant to rules adopted by
5the board.
6 Sec. 37. Section 157.13, subsections 2 and 3, Code 2023, are
7amended to read as follows:
82. It is unlawful for a licensee to claim to be a licensed
9barber unless the licensee is a licensed barber, however a
10licensed cosmetologist may work in a licensed barbershop. It
11is unlawful for a person to employ a licensed cosmetologist
12or barber, esthetician, or electrologist to perform the
13services described in section 157.3A if the licensee has not
14received the additional training and met the other requirements
15specified in section 157.3A.
163. If the owner or manager of a salon an establishment does
17not comply with the sanitary rules adopted under section 157.6
18or fails to maintain the salon establishment as prescribed by
19rules of the department, the department may notify the owner
20or manager in writing of the failure to comply. If the rules
21are not complied with within five days after receipt of the
22written notice by the owner or manager, the department shall in
23writing order the salon establishment closed until the rules
24are complied with. It is unlawful for a person to practice
25in a salon an establishment which has been closed under this
26section. The county attorney in each county shall assist the
27department in enforcing this section.
28 Sec. 38. Section 261.9, subsection 3, paragraph b, Code
292023, is amended to read as follows:
30b. Is a barber school licensed under section 158.7 or
31 a school of barbering and cosmetology arts and sciences
32licensed under chapter 157 and is accredited by a national
33accrediting agency recognized by the United States department
34of education. For the fiscal year beginning July 1, 2017,
35an eligible institution under this paragraph shall provide a
-10-1matching aggregate amount of institutional financial aid equal
2to at least seventy-five percent of the amount received by
3the institution’s students for Iowa tuition grant assistance
4under section 261.16A. For the fiscal year beginning July
51, 2018, the institution shall provide a matching aggregate
6amount of institutional financial aid equal to at least
7eighty-five percent of the amount received in that fiscal year.
8Commencing with the fiscal year beginning July 1, 2019, and
9each succeeding fiscal year, the matching aggregate amount of
10institutional financial aid shall be at least equal to the
11match provided by eligible institutions under paragraph “a”.
12 Sec. 39. Section 261B.11, subsection 1, paragraph i, Code
132023, is amended to read as follows:
14i. Postsecondary educational institutions licensed by
15the state of Iowa under section 157.8 or 158.7 chapter 157
16 to operate as schools of cosmetology arts and sciences or as
17barber schools in the state.
18 Sec. 40. Section 272C.1, subsection 6, paragraph g, Code
192023, is amended to read as follows:
20g. The board of barbering and cosmetology arts and sciences,
21created pursuant to chapter 147.
22 Sec. 41. Section 272C.1, subsection 6, paragraph i, Code
232023, is amended by striking the paragraph.
24 Sec. 42. REPEAL. Chapter 158, Code 2023, is repealed.
25 Sec. 43. EMERGENCY RULES. The board of cosmetology arts
26and sciences, board of barbering, and board of barbering and
27cosmetology arts and sciences may adopt emergency rules under
28section 17A.4, subsection 3, and section 17A.5, subsection 2,
29paragraph “b”, to implement the provisions of this Act and
30the rules shall be effective immediately upon filing unless
31a later date is specified in the rules. Any rules adopted
32in accordance with this section shall also be published as a
33notice of intended action as provided in section 17A.4.
34 Sec. 44. TRANSITION PROVISIONS.
351. a. The merger of the boards of barbering and cosmetology
-11-1arts and sciences in this Act shall not affect the appointment
2or any term of office of a member of either board prior to the
3effective date of this Act. A member of the board of barbering
4or the board of cosmetology arts and sciences shall continue to
5serve until the member’s term expires, as calculated from the
6member’s initial appointment to the board of barbering or board
7of cosmetology arts and sciences, or the member ceases to hold
8office, whichever first occurs.
9b. The initial membership of the board of barbering and
10cosmetology arts and sciences shall consist of all members
11of the boards of barbering and cosmetology arts and sciences
12serving on the effective date of this Act.
132. A rule adopted by the board of cosmetology arts and
14sciences or board of barbering that is in force and effect
15immediately prior to the effective date of this Act shall
16continue in full force and effect until the earlier of the
17following:
18a. The rule is amended, rescinded, or supplemented by the
19affirmative action of the board of barbering and cosmetology
20arts and sciences.
21b. The rule expires by its own terms.
223. Any license or permit issued by the board of cosmetology
23arts and sciences or board of barbering in effect on the
24effective date of this Act shall continue in full force and
25effect until expiration or renewal, except as provided in
26subsection 8.
274. Any funds in any account or fund of the board of
28cosmetology arts and sciences or board of barbering shall
29be transferred to the control of the board of barbering and
30cosmetology arts and sciences.
315. Any cause of action, statute of limitation, or
32administrative action relating to or initiated by the board of
33cosmetology arts and sciences or board of barbering shall not
34be affected as a result of this Act and shall apply to the board
35of barbering and cosmetology arts and sciences.
-12- 16. All client and organizational files in the possession
2of the board of cosmetology arts and sciences or board of
3barbering shall become the property of the board of barbering
4and cosmetology arts and sciences.
57. Any personnel in the state merit system of employment
6who are mandatorily transferred due to the effect of this Act
7shall be so transferred without any loss in salary, benefits,
8or accrued years of service.
98. A person licensed as a barber as of July 1, 2023, shall
10be considered to be a person licensed to practice barbering and
11hairstyling and shall be issued a license to practice barbering
12and hairstyling upon the expiration of the person’s barbering
13license. Such a license shall permit such a person to continue
14to practice barbering as provided in chapter 158, Code 2023.
159. A person currently enrolled in a barbering school in a
16course of study requiring at least two thousand one hundred
17hours of instruction must complete the course of study by
18August 1, 2024.
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