Print
House File 652 - EnrolledAn Actrelating to the practice of barbering and cosmetology
arts and sciences and providing transition provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 10A.104, subsection 14, Code 2023, is
amended to read as follows:
14. Administer inspections of cosmetology salons
establishments under section 157.7 and barbershops under
section 158.6 chapter 157.
Sec. 2. Section 147.13, subsection 11, Code 2023, is amended
to read as follows:
11. For cosmetology arts and sciences, the board of
barbering and cosmetology arts and sciences.
Sec. 3. Section 147.13, subsection 12, Code 2023, is amended
by striking the subsection.
Sec. 4. Section 147.14, subsection 1, paragraphs a and n,
Code 2023, are amended by striking the paragraphs.
Sec. 5. Section 147.14, subsection 1, Code 2023, is amended
by adding the following new paragraph:
NEW PARAGRAPH. x. For barbering and cosmetology arts
and sciences, three members who are licensed barbers or
cosmetologists; one member who is a licensed instructor of
barbering and cosmetology arts and sciences; one member who is
a licensed electrologist, esthetician, or nail technologist;
one member who owns a school of barbering and cosmetology
arts and sciences; and one member who is not licensed in the
practice of barbering and cosmetology arts and sciences and who
shall represent the general public.
Sec. 6. Section 147.76, Code 2023, is amended to read as
follows:
147.76 Rules.
The boards for the various professions shall adopt all
necessary and proper rules to administer and interpret this
chapter and chapters 148 through 158 157, except chapter 148D.
Sec. 7. Section 157.1, Code 2023, is amended by adding the
following new subsections:
NEW SUBSECTION. 001. “Barbering and cosmetology” means all
of the following practices performed for cosmetic purposes
and not for the treatment of disease of physical or mental
-1-ailments:
a. Curling, waving, press and curl hair straightening,
shampooing, cutting, singeing, bleaching, coloring, hair body
processing, blow waving, hair relaxing, applying hair tonics,
or similar works, upon the hair or beard of any person, or upon
a wig or hairpiece when done in conjunction with haircutting or
hairstyling by any means.
b. Massaging, cleansing, stimulating, exercising, or
beautifying the superficial epidermis of the scalp, face, neck,
arms, hands, legs, feet, or upper body of any person with the
hands or mechanical or electrical apparatus or appliances or
with the use of cosmetic preparations, including cleansers,
toners, moisturizers, masques, antiseptics, powders, oils,
clays, waxes, or lotions.
c. Removing superfluous hair from the face or body of a
person with the use of depilatories, wax, sugars, or tweezing.
d. Applying makeup or eyelashes, tinting of lashes or brows,
or lightening of hair on the face or body.
e. Cleansing, shaping, or polishing the fingernails,
applying sculptured nails, nail extensions, wraps, overlays,
nail art, or any other nail technique to the fingernails or
toenails of a person.
f. Shaving or trimming for hair removal by the use of a
straight edge razor.
NEW SUBSECTION. 0001. “Barbering and cosmetology arts
and sciences” means any or all of the following disciplines
performed with or without compensation by a licensee:
a. Barbering and cosmetology.
b. Electrology.
c. Esthetics.
d. Nail technology.
NEW SUBSECTION. 10A. “Establishment” means a fixed location
or a location that is readily movable where one or more persons
engage in the practice of barbering and cosmetology arts and
sciences, including but not limited to a retail establishment.
-2- Sec. 8. Section 157.1, subsections 1, 4, and 15, Code 2023,
are amended to read as follows:
1. “Board” means the board of barbering and cosmetology arts
and sciences.
4. “Cosmetologist” or “barber” means a person who performs
the practice of cosmetology, barbering and cosmetology arts and
sciences or otherwise by the person’s occupation claims to have
knowledge or skill particular to the practice of cosmetology
barbering and cosmetology arts and sciences. Cosmetologists
and barbers shall not represent themselves to the public as
being primarily in the practice of haircutting unless that
function is, in fact, their primary specialty.
15. “Instructor” means a person licensed for the purpose of
teaching barbering and cosmetology arts and sciences.
Sec. 9. Section 157.1, subsections 5 and 6, Code 2023, are
amended by striking the subsections.
Sec. 10. Section 157.1, subsection 26, Code 2023, is amended
by striking the subsection.
Sec. 11. Section 157.1, subsection 27, Code 2023, is amended
by striking the subsection and inserting in lieu thereof the
following:
27. “School of barbering and cosmetology arts and sciences”
means an establishment operated for the purpose of teaching
barbering and cosmetology arts and sciences.
Sec. 12. Section 157.2, subsection 1, unnumbered paragraph
1, Code 2023, is amended to read as follows:
It is unlawful for a person to practice barbering and
cosmetology arts and sciences with or without compensation
unless the person possesses a license issued under section
157.3. However, practices listed in section 157.1 when
performed by the following persons are not defined as the
practice of barbering and cosmetology arts and sciences:
Sec. 13. Section 157.2, subsection 1, paragraphs b and h,
Code 2023, are amended by striking the paragraphs.
Sec. 14. Section 157.2, subsection 1, paragraphs c and e,
-3-Code 2023, are amended to read as follows:
c. Students enrolled in licensed schools of barbering
and cosmetology arts and sciences or barber schools who are
practicing under the instruction or immediate supervision of
an instructor.
e. Employees of hospitals, health care facilities, orphans’
homes, juvenile homes, and other similar facilities who perform
barbering and cosmetology services for any resident without
receiving direct compensation from the person receiving the
service.
Sec. 15. Section 157.2, subsection 2, Code 2023, is amended
to read as follows:
2. Cosmetologists and barbers shall not represent
themselves to the public as electrologists, estheticians, or
nail technologists unless the cosmetologist or barber has
completed the additional course of study for the respective
practice as prescribed by the board pursuant to section 157.10.
Sec. 16. Section 157.2, subsection 3, Code 2023, is amended
by striking the subsection.
Sec. 17. Section 157.3, subsection 1, unnumbered paragraph
1, Code 2023, is amended to read as follows:
An applicant who has graduated from high school or its
equivalent shall be issued a license to practice any of the
barbering and cosmetology arts and sciences by the department
when the applicant satisfies all of the following:
Sec. 18. Section 157.3, subsection 1, paragraphs a and c,
Code 2023, are amended to read as follows:
a. Presents to the department a diploma, or similar
evidence, issued by a licensed school of barbering and
cosmetology arts and sciences indicating that the applicant
has completed the course of study for the appropriate practice
of the cosmetology arts and sciences prescribed by the board.
An applicant may satisfy this requirement upon presenting a
diploma or similar evidence issued by a school in another
state, recognized by the board, which provides instruction
-4-regarding the practice for which licensure is sought, provided
that the course of study is equivalent to or greater in length
and scope than that required for a school in this state, and is
approved by the board.
c. Passes an examination prescribed by the board. The
examination may include both practical demonstrations and
written or oral tests and shall not be confined to any
specific system or method. However, a member of the board
who is a licensed instructor of barbering and cosmetology
arts and sciences shall not be involved in the selection or
administration of the exam.
Sec. 19. Section 157.3, subsection 2, Code 2023, is amended
to read as follows:
2. Notwithstanding subsection 1, a person who completes
the application form prescribed by the board and who submits
satisfactory proof of having been licensed in a practice of the
barbering and cosmetology arts and sciences in another state
for at least twelve months in the twenty-four month period
preceding the submission of the application shall be allowed to
take the examination for a license to practice the appropriate
practice of the barbering and cosmetology arts and sciences.
However, the examination requirement shall be waived for those
persons who submit evidence of licensure in another state
which has a reciprocal agreement with the state of Iowa under
sections 147.44, 147.48, and 147.49.
Sec. 20. Section 157.3A, subsection 2, paragraphs a and b,
Code 2023, are amended to read as follows:
a. A licensed cosmetologist or barber having received
additional training in the use of chemical peels,
microdermabrasion, a certified laser product, or an intense
pulsed light device for hair removal shall submit a written
application and proof of additional training and certification
for approval by the board. A cosmetologist or barber who is
licensed after July 1, 2005, shall not be eligible to provide
chemical peels, practice microdermabrasion procedures, use
-5-certified laser products, or use an intense pulsed light device
for hair removal.
b. A licensed cosmetologist or barber who applies permanent
makeup or cosmetic micropigmentation shall comply with the
provisions of section 135.37 and applicable rules.
Sec. 21. Section 157.3A, subsection 4, Code 2023, is amended
to read as follows:
4. Any additional training received by a licensed
esthetician, cosmetologist or barber, or electrologist
and submitted to the board relating to utilization of a
certified laser product or an intense pulsed light device
shall include a safety training component which provides a
thorough understanding of the procedures being performed. The
training program shall address fundamentals of nonbeam hazards,
management and employee responsibilities relating to control
measures, and regulatory requirements.
Sec. 22. Section 157.3A, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 6. Shaving or trimming for hair removal by
a cosmetologist or barber trained and certified in the use of a
straight edge razor in compliance with applicable rules of the
board. The board shall not require a cosmetologist or barber
to complete more than forty clock hours of training to receive
a certification under this subsection.
Sec. 23. Section 157.4, subsection 1, Code 2023, is amended
to read as follows:
1. The department may issue a temporary permit which allows
the applicant to practice in the barbering and cosmetology arts
and sciences for purposes determined by rule. The board shall
determine and state its recommendations and the length of time
the temporary permit issued under this subsection is valid.
Sec. 24. Section 157.4, subsection 3, unnumbered paragraph
1, Code 2023, is amended to read as follows:
Notwithstanding section 157.13, subsection 1, the board
may issue a temporary permit to practice in the barbering and
-6- cosmetology arts and sciences for the purpose of demonstrating
barbering and cosmetology arts and sciences services to the
public or for providing barbering and cosmetology arts and
sciences services to the public at not-for-profit events. A
permit issued pursuant to this subsection shall be subject to
the following requirements:
Sec. 25. Section 157.4, subsection 3, paragraphs a, b, and
g, Code 2023, are amended to read as follows:
a. The permit shall be issued for a specific event and may
be issued to a salon an establishment, school of barbering and
cosmetology arts and sciences, or person.
b. The permit shall be posted and visible to the public
at the location where the barbering and cosmetology arts and
sciences services are provided.
g. A person providing barbering and cosmetology arts and
sciences services at a not-for-profit event shall hold a
current license to practice barbering and cosmetology arts and
sciences.
Sec. 26. Section 157.4B, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. Advertise or market barbering or cosmetology services.
Sec. 27. Section 157.5, subsection 1, unnumbered paragraph
1, Code 2023, is amended to read as follows:
A licensed cosmetologist or barber, esthetician, or
electrologist who provides services relating to the use of a
certified laser product, intense pulsed light device for hair
removal, chemical peel, or microdermabrasion, shall obtain a
consent in writing prior to the administration of the services.
A consent in writing shall create a presumption that informed
consent was given if the consent:
Sec. 28. Section 157.5, subsection 2, Code 2023, is amended
to read as follows:
2. A licensed cosmetologist or barber, esthetician, or
electrologist who provides services related to the use of a
certified laser product, intense pulsed light device for hair
-7-removal, chemical peel, or microdermabrasion, shall submit
a report to the board within thirty days of any incident
involving the provision of such services which results in
physical injury requiring medical attention. Failure to comply
with this section shall result in disciplinary action being
taken by the board.
Sec. 29. Section 157.6, Code 2023, is amended to read as
follows:
157.6 Sanitary rules — practice in the home.
The department shall prescribe sanitary rules for salons
establishments and schools of barbering and cosmetology arts
and sciences which shall include the sanitary conditions
necessary for the practice of barbering and cosmetology
arts and sciences and for the prevention of infectious and
contagious diseases. Subject to local zoning ordinances, a
salon an establishment may be established in a residence if
a room other than the living quarters is equipped for that
purpose. The department shall enforce this section and make
necessary inspections for enforcement purposes.
Sec. 30. Section 157.7, subsection 1, Code 2023, is amended
to read as follows:
1. The department of inspections and appeals shall
employ personnel pursuant to chapter 8A, subchapter IV, to
perform duties related to inspection functions under this
chapter. The department of inspections and appeals shall, when
possible, integrate inspection efforts under this chapter with
inspections conducted under chapter 158.
Sec. 31. Section 157.8, subsection 1, Code 2023, is amended
to read as follows:
1. It is unlawful for a school of barbering and cosmetology
arts and sciences to operate unless the owner has obtained
a license issued by the department. The owner shall file a
verified application with the department on forms prescribed
by the board.
Sec. 32. Section 157.8, subsection 2, paragraph c, Code
-8-2023, is amended by striking the paragraph.
Sec. 33. Section 157.8, subsection 2, paragraph d, Code
2023, is amended to read as follows:
d. The school of barbering and cosmetology arts and sciences
must pass a sanitary inspection under section 157.6. An annual
inspection of each school of barbering and cosmetology arts and
sciences, including the educational activities of each school,
shall be conducted and completed by the board or its designee
prior to renewal of the license.
Sec. 34. Section 157.8, subsection 3, paragraph c, Code
2023, is amended to read as follows:
c. A person employed as an instructor in the barbering
and cosmetology arts and sciences by a licensed school shall
be licensed in the practice and shall possess a separate
instructor’s license which shall be renewed biennially. An
instructor shall file an application with the department on
forms prescribed by the board. Requirements for licensure as
an instructor shall be determined by the board by rule.
Sec. 35. NEW SECTION. 157.8A Use of schools of barbering
and cosmetology arts and sciences.
A school of barbering and cosmetology arts and sciences may
be used for purposes other than student instruction so long as
the other activities do not disrupt classes. The board shall
adopt rules for the implementation of this section.
Sec. 36. Section 157.9, Code 2023, is amended to read as
follows:
157.9 License suspension and revocation.
Any license issued by the department under the provisions
of this chapter may be suspended, revoked, or renewal denied
by the board for violation of any provision of this chapter
or chapter 158 or rules promulgated by the board under the
provisions of chapter 17A.
Sec. 37. Section 157.10, Code 2023, is amended to read as
follows:
157.10 Course of study.
-9- 1. a. The course of study required for licensure for the
practice of barbering and cosmetology shall be two thousand
one hundred clock hours, or seventy a minimum of one thousand
five hundred fifty clock hours, or fifty-one semester credit
hours or the equivalent thereof as determined pursuant
to administrative rule and regulations promulgated by the
United States department of education. The clock hours, and
equivalent number of semester credit hours or the equivalent
thereof as determined pursuant to administrative rule and
regulations promulgated by the United States department of
education, of a course of study required for licensure for
the practices of electrology, and esthetics, nail technology,
manicuring, and pedicuring shall be established by the board.
The board shall adopt rules to define the course and content of
study for each practice of cosmetology arts and sciences.
b. The course of study required for licensure which is
limited to the practice of esthetics shall be a minimum of six
hundred hours.
c. The course of study required for licensure which is
limited to the practice of nail technology shall be a minimum
of three hundred twenty-five hours.
2. A person licensed in or a student of a practice of
barbering and cosmetology arts and sciences shall be granted
full credit for each course successfully completed which meets
the requirements for licensure in another practice of barbering
and cosmetology arts and sciences.
3. A barber licensed under chapter 158 or a student in
a barber school who applies for licensure in a practice of
cosmetology arts and sciences or who enrolls in a school of
barbering and cosmetology arts and sciences shall be granted,
at the discretion of the school, at least half credit and
up to full credit for each course successfully completed for
licensure as a barber in the practice of barbering which meets
the requirements for licensure in a practice of barbering and
cosmetology arts and sciences.
-10- Sec. 38. Section 157.11, Code 2023, is amended to read as
follows:
157.11 Salon Establishment licenses.
1. A salon An establishment shall not operate unless the
owner has obtained a license issued by the department. The
owner shall apply to the department on forms prescribed by the
board. The department may perform a sanitary inspection of
each salon establishment biennially and may perform a sanitary
inspection of a salon an establishment prior to the issuance of
a license. An inspection of a salon an establishment may also
be conducted upon receipt of a complaint by the department.
2. The application shall be accompanied by the biennial
license fee determined pursuant to section 147.80. The license
is valid for two years and may be renewed.
3. A licensed school of barbering and cosmetology arts and
sciences at which students practice barbering and cosmetology
arts and sciences is exempt from licensing as a salon an
establishment.
Sec. 39. Section 157.12, Code 2023, is amended to read as
follows:
157.12 Supervisors.
A person who directly supervises the work of practitioners
of barbering and cosmetology arts and sciences shall be
licensed in the practice supervised or a barber licensed under
section 158.3.
Sec. 40. NEW SECTION. 157.12C Blow-dry styling.
1. A person engaged exclusively in the practice of blow-dry
styling is not required to receive a license issued under
section 157.3.
2. A person shall not engage in the practice of blow-dry
styling except at an establishment that is licensed pursuant to
section 157.11 or an establishment established in a residence
pursuant to section 157.6.
3. A person shall not engage exclusively in the practice
of blow-dry styling unless the person has completed two hours
-11-of education related to Iowa cosmetology law and rules and
sanitation, as determined by the board by rule.
4. For the purposes of this section, “blow-dry styling”
means the practice of shampooing, conditioning, drying,
arranging, curling, straightening or styling hair using only
mechanical devices, hair sprays, and topical agents such as
balms, oils and serums, and includes the use and styling of
hair extensions, hair pieces and wigs. “Blow-dry styling” does
not include cutting hair or the application of dyes, bleaches,
reactive chemicals, keratin treatments, or other preparations
to color or alter the structure of hair.
Sec. 41. Section 157.13, subsection 1, unnumbered paragraph
1, Code 2023, is amended to read as follows:
It is unlawful for a person to employ an individual to
practice barbering and cosmetology arts and sciences unless
that individual is licensed or has obtained a temporary permit
under this chapter. It is unlawful for a licensee to practice
with or without compensation in any place other than a licensed
salon establishment, or a licensed school of barbering and
cosmetology arts and sciences, or a licensed barbershop as
defined in section 158.1. The following exceptions to this
subsection shall apply:
Sec. 42. Section 157.13, subsection 1, paragraphs a and b,
Code 2023, are amended to read as follows:
a. A licensee may practice at a location which is not
a licensed salon establishment, school of barbering and
cosmetology arts and sciences, or licensed barbershop under
extenuating circumstances arising from physical or mental
disability or death of a customer pursuant to rules adopted by
the board.
b. Notwithstanding section 157.12, when the licensee is
employed by a physician and provides barbering and cosmetology
services at the place of practice of a physician and is under
the supervision of a physician licensed to practice pursuant
to chapter 148.
-12- Sec. 43. Section 157.13, subsections 2 and 3, Code 2023, are
amended to read as follows:
2. It is unlawful for a licensee to claim to be a licensed
barber, however a A licensed cosmetologist may work in a
licensed barbershop. It is unlawful for a person to employ a
licensed cosmetologist or barber, esthetician, or electrologist
to perform the services described in section 157.3A if the
licensee has not received the additional training and met the
other requirements specified in section 157.3A.
3. If the owner or manager of a salon an establishment does
not comply with the sanitary rules adopted under section 157.6
or fails to maintain the salon establishment as prescribed by
rules of the department, the department may notify the owner
or manager in writing of the failure to comply. If the rules
are not complied with within five days after receipt of the
written notice by the owner or manager, the department shall in
writing order the salon establishment closed until the rules
are complied with. It is unlawful for a person to practice
in a salon an establishment which has been closed under this
section. The county attorney in each county shall assist the
department in enforcing this section.
Sec. 44. Section 261.9, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. Is a barber school licensed under section 158.7 or
a school of barbering and cosmetology arts and sciences
licensed under chapter 157 and is accredited by a national
accrediting agency recognized by the United States department
of education. For the fiscal year beginning July 1, 2017,
an eligible institution under this paragraph shall provide a
matching aggregate amount of institutional financial aid equal
to at least seventy-five percent of the amount received by
the institution’s students for Iowa tuition grant assistance
under section 261.16A. For the fiscal year beginning July
1, 2018, the institution shall provide a matching aggregate
amount of institutional financial aid equal to at least
-13-eighty-five percent of the amount received in that fiscal year.
Commencing with the fiscal year beginning July 1, 2019, and
each succeeding fiscal year, the matching aggregate amount of
institutional financial aid shall be at least equal to the
match provided by eligible institutions under paragraph “a”.
Sec. 45. Section 261B.11, subsection 1, paragraph i, Code
2023, is amended to read as follows:
i. Postsecondary educational institutions licensed by
the state of Iowa under section 157.8 or 158.7 chapter 157
to operate as schools of cosmetology arts and sciences or as
barber schools in the state.
Sec. 46. Section 272C.1, subsection 6, paragraph g, Code
2023, is amended to read as follows:
g. The board of barbering and cosmetology arts and sciences,
created pursuant to chapter 147.
Sec. 47. Section 272C.1, subsection 6, paragraph i, Code
2023, is amended by striking the paragraph.
Sec. 48. REPEAL. Chapter 158, Code 2023, is repealed.
Sec. 49. EMERGENCY RULES. The board of cosmetology arts
and sciences, board of barbering, and board of barbering and
cosmetology arts and sciences may adopt emergency rules under
section 17A.4, subsection 3, and section 17A.5, subsection 2,
paragraph “b”, to implement the provisions of this Act and
the rules shall be effective immediately upon filing unless
a later date is specified in the rules. Any rules adopted
in accordance with this section shall also be published as a
notice of intended action as provided in section 17A.4.
Sec. 50. TRANSITION PROVISIONS.
1. a. The merger of the boards of barbering and cosmetology
arts and sciences in this Act shall not affect the appointment
or any term of office of a member of either board prior to the
effective date of this Act. A member of the board of barbering
or the board of cosmetology arts and sciences shall continue to
serve until the member’s term expires, as calculated from the
member’s initial appointment to the board of barbering or board
-14-of cosmetology arts and sciences, or the member ceases to hold
office, whichever first occurs.
b. The initial membership of the board of barbering and
cosmetology arts and sciences shall consist of all members
of the boards of barbering and cosmetology arts and sciences
serving on the effective date of this Act.
2. A rule adopted by the board of cosmetology arts and
sciences or board of barbering that is in force and effect
immediately prior to the effective date of this Act shall
continue in full force and effect until the earlier of the
following:
a. The rule is amended, rescinded, or supplemented by the
affirmative action of the board of barbering and cosmetology
arts and sciences.
b. The rule expires by its own terms.
3. Any license or permit issued by the board of cosmetology
arts and sciences or board of barbering in effect on the
effective date of this Act shall continue in full force and
effect until expiration or renewal, except as provided in
subsection 8.
4. Any funds in any account or fund of the board of
cosmetology arts and sciences or board of barbering shall
be transferred to the control of the board of barbering and
cosmetology arts and sciences.
5. Any cause of action, statute of limitation, or
administrative action relating to or initiated by the board of
cosmetology arts and sciences or board of barbering shall not
be affected as a result of this Act and shall apply to the board
of barbering and cosmetology arts and sciences.
6. All client and organizational files in the possession
of the board of cosmetology arts and sciences or board of
barbering shall become the property of the board of barbering
and cosmetology arts and sciences.
7. Any personnel in the state merit system of employment
who are mandatorily transferred due to the effect of this Act
-15-shall be so transferred without any loss in salary, benefits,
or accrued years of service.
8. A person licensed as a barber as of July 1, 2023, shall
be considered to be a person licensed to practice barbering and
cosmetology and shall be issued a license to practice barbering
and cosmetology upon the expiration of the person’s barbering
license. Such a license shall permit such a person to continue
to practice barbering as provided in chapter 158, Code 2023.
9. A person currently enrolled in a barbering school in a
course of study requiring at least two thousand one hundred
hours of instruction must complete the course of study by
August 1, 2024.
-16-______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 652, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernorss/rh/md
arts and sciences and providing transition provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 10A.104, subsection 14, Code 2023, is
amended to read as follows:
14. Administer inspections of cosmetology salons
establishments under section 157.7 and barbershops under
section 158.6 chapter 157.
Sec. 2. Section 147.13, subsection 11, Code 2023, is amended
to read as follows:
11. For cosmetology arts and sciences, the board of
barbering and cosmetology arts and sciences.
Sec. 3. Section 147.13, subsection 12, Code 2023, is amended
by striking the subsection.
Sec. 4. Section 147.14, subsection 1, paragraphs a and n,
Code 2023, are amended by striking the paragraphs.
Sec. 5. Section 147.14, subsection 1, Code 2023, is amended
by adding the following new paragraph:
NEW PARAGRAPH. x. For barbering and cosmetology arts
and sciences, three members who are licensed barbers or
cosmetologists; one member who is a licensed instructor of
barbering and cosmetology arts and sciences; one member who is
a licensed electrologist, esthetician, or nail technologist;
one member who owns a school of barbering and cosmetology
arts and sciences; and one member who is not licensed in the
practice of barbering and cosmetology arts and sciences and who
shall represent the general public.
Sec. 6. Section 147.76, Code 2023, is amended to read as
follows:
147.76 Rules.
The boards for the various professions shall adopt all
necessary and proper rules to administer and interpret this
chapter and chapters 148 through 158 157, except chapter 148D.
Sec. 7. Section 157.1, Code 2023, is amended by adding the
following new subsections:
NEW SUBSECTION. 001. “Barbering and cosmetology” means all
of the following practices performed for cosmetic purposes
and not for the treatment of disease of physical or mental
-1-ailments:
a. Curling, waving, press and curl hair straightening,
shampooing, cutting, singeing, bleaching, coloring, hair body
processing, blow waving, hair relaxing, applying hair tonics,
or similar works, upon the hair or beard of any person, or upon
a wig or hairpiece when done in conjunction with haircutting or
hairstyling by any means.
b. Massaging, cleansing, stimulating, exercising, or
beautifying the superficial epidermis of the scalp, face, neck,
arms, hands, legs, feet, or upper body of any person with the
hands or mechanical or electrical apparatus or appliances or
with the use of cosmetic preparations, including cleansers,
toners, moisturizers, masques, antiseptics, powders, oils,
clays, waxes, or lotions.
c. Removing superfluous hair from the face or body of a
person with the use of depilatories, wax, sugars, or tweezing.
d. Applying makeup or eyelashes, tinting of lashes or brows,
or lightening of hair on the face or body.
e. Cleansing, shaping, or polishing the fingernails,
applying sculptured nails, nail extensions, wraps, overlays,
nail art, or any other nail technique to the fingernails or
toenails of a person.
f. Shaving or trimming for hair removal by the use of a
straight edge razor.
NEW SUBSECTION. 0001. “Barbering and cosmetology arts
and sciences” means any or all of the following disciplines
performed with or without compensation by a licensee:
a. Barbering and cosmetology.
b. Electrology.
c. Esthetics.
d. Nail technology.
NEW SUBSECTION. 10A. “Establishment” means a fixed location
or a location that is readily movable where one or more persons
engage in the practice of barbering and cosmetology arts and
sciences, including but not limited to a retail establishment.
-2- Sec. 8. Section 157.1, subsections 1, 4, and 15, Code 2023,
are amended to read as follows:
1. “Board” means the board of barbering and cosmetology arts
and sciences.
4. “Cosmetologist” or “barber” means a person who performs
the practice of cosmetology, barbering and cosmetology arts and
sciences or otherwise by the person’s occupation claims to have
knowledge or skill particular to the practice of cosmetology
barbering and cosmetology arts and sciences. Cosmetologists
and barbers shall not represent themselves to the public as
being primarily in the practice of haircutting unless that
function is, in fact, their primary specialty.
15. “Instructor” means a person licensed for the purpose of
teaching barbering and cosmetology arts and sciences.
Sec. 9. Section 157.1, subsections 5 and 6, Code 2023, are
amended by striking the subsections.
Sec. 10. Section 157.1, subsection 26, Code 2023, is amended
by striking the subsection.
Sec. 11. Section 157.1, subsection 27, Code 2023, is amended
by striking the subsection and inserting in lieu thereof the
following:
27. “School of barbering and cosmetology arts and sciences”
means an establishment operated for the purpose of teaching
barbering and cosmetology arts and sciences.
Sec. 12. Section 157.2, subsection 1, unnumbered paragraph
1, Code 2023, is amended to read as follows:
It is unlawful for a person to practice barbering and
cosmetology arts and sciences with or without compensation
unless the person possesses a license issued under section
157.3. However, practices listed in section 157.1 when
performed by the following persons are not defined as the
practice of barbering and cosmetology arts and sciences:
Sec. 13. Section 157.2, subsection 1, paragraphs b and h,
Code 2023, are amended by striking the paragraphs.
Sec. 14. Section 157.2, subsection 1, paragraphs c and e,
-3-Code 2023, are amended to read as follows:
c. Students enrolled in licensed schools of barbering
and cosmetology arts and sciences or barber schools who are
practicing under the instruction or immediate supervision of
an instructor.
e. Employees of hospitals, health care facilities, orphans’
homes, juvenile homes, and other similar facilities who perform
barbering and cosmetology services for any resident without
receiving direct compensation from the person receiving the
service.
Sec. 15. Section 157.2, subsection 2, Code 2023, is amended
to read as follows:
2. Cosmetologists and barbers shall not represent
themselves to the public as electrologists, estheticians, or
nail technologists unless the cosmetologist or barber has
completed the additional course of study for the respective
practice as prescribed by the board pursuant to section 157.10.
Sec. 16. Section 157.2, subsection 3, Code 2023, is amended
by striking the subsection.
Sec. 17. Section 157.3, subsection 1, unnumbered paragraph
1, Code 2023, is amended to read as follows:
An applicant who has graduated from high school or its
equivalent shall be issued a license to practice any of the
barbering and cosmetology arts and sciences by the department
when the applicant satisfies all of the following:
Sec. 18. Section 157.3, subsection 1, paragraphs a and c,
Code 2023, are amended to read as follows:
a. Presents to the department a diploma, or similar
evidence, issued by a licensed school of barbering and
cosmetology arts and sciences indicating that the applicant
has completed the course of study for the appropriate practice
of the cosmetology arts and sciences prescribed by the board.
An applicant may satisfy this requirement upon presenting a
diploma or similar evidence issued by a school in another
state, recognized by the board, which provides instruction
-4-regarding the practice for which licensure is sought, provided
that the course of study is equivalent to or greater in length
and scope than that required for a school in this state, and is
approved by the board.
c. Passes an examination prescribed by the board. The
examination may include both practical demonstrations and
written or oral tests and shall not be confined to any
specific system or method. However, a member of the board
who is a licensed instructor of barbering and cosmetology
arts and sciences shall not be involved in the selection or
administration of the exam.
Sec. 19. Section 157.3, subsection 2, Code 2023, is amended
to read as follows:
2. Notwithstanding subsection 1, a person who completes
the application form prescribed by the board and who submits
satisfactory proof of having been licensed in a practice of the
barbering and cosmetology arts and sciences in another state
for at least twelve months in the twenty-four month period
preceding the submission of the application shall be allowed to
take the examination for a license to practice the appropriate
practice of the barbering and cosmetology arts and sciences.
However, the examination requirement shall be waived for those
persons who submit evidence of licensure in another state
which has a reciprocal agreement with the state of Iowa under
sections 147.44, 147.48, and 147.49.
Sec. 20. Section 157.3A, subsection 2, paragraphs a and b,
Code 2023, are amended to read as follows:
a. A licensed cosmetologist or barber having received
additional training in the use of chemical peels,
microdermabrasion, a certified laser product, or an intense
pulsed light device for hair removal shall submit a written
application and proof of additional training and certification
for approval by the board. A cosmetologist or barber who is
licensed after July 1, 2005, shall not be eligible to provide
chemical peels, practice microdermabrasion procedures, use
-5-certified laser products, or use an intense pulsed light device
for hair removal.
b. A licensed cosmetologist or barber who applies permanent
makeup or cosmetic micropigmentation shall comply with the
provisions of section 135.37 and applicable rules.
Sec. 21. Section 157.3A, subsection 4, Code 2023, is amended
to read as follows:
4. Any additional training received by a licensed
esthetician, cosmetologist or barber, or electrologist
and submitted to the board relating to utilization of a
certified laser product or an intense pulsed light device
shall include a safety training component which provides a
thorough understanding of the procedures being performed. The
training program shall address fundamentals of nonbeam hazards,
management and employee responsibilities relating to control
measures, and regulatory requirements.
Sec. 22. Section 157.3A, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 6. Shaving or trimming for hair removal by
a cosmetologist or barber trained and certified in the use of a
straight edge razor in compliance with applicable rules of the
board. The board shall not require a cosmetologist or barber
to complete more than forty clock hours of training to receive
a certification under this subsection.
Sec. 23. Section 157.4, subsection 1, Code 2023, is amended
to read as follows:
1. The department may issue a temporary permit which allows
the applicant to practice in the barbering and cosmetology arts
and sciences for purposes determined by rule. The board shall
determine and state its recommendations and the length of time
the temporary permit issued under this subsection is valid.
Sec. 24. Section 157.4, subsection 3, unnumbered paragraph
1, Code 2023, is amended to read as follows:
Notwithstanding section 157.13, subsection 1, the board
may issue a temporary permit to practice in the barbering and
-6- cosmetology arts and sciences for the purpose of demonstrating
barbering and cosmetology arts and sciences services to the
public or for providing barbering and cosmetology arts and
sciences services to the public at not-for-profit events. A
permit issued pursuant to this subsection shall be subject to
the following requirements:
Sec. 25. Section 157.4, subsection 3, paragraphs a, b, and
g, Code 2023, are amended to read as follows:
a. The permit shall be issued for a specific event and may
be issued to a salon an establishment, school of barbering and
cosmetology arts and sciences, or person.
b. The permit shall be posted and visible to the public
at the location where the barbering and cosmetology arts and
sciences services are provided.
g. A person providing barbering and cosmetology arts and
sciences services at a not-for-profit event shall hold a
current license to practice barbering and cosmetology arts and
sciences.
Sec. 26. Section 157.4B, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. Advertise or market barbering or cosmetology services.
Sec. 27. Section 157.5, subsection 1, unnumbered paragraph
1, Code 2023, is amended to read as follows:
A licensed cosmetologist or barber, esthetician, or
electrologist who provides services relating to the use of a
certified laser product, intense pulsed light device for hair
removal, chemical peel, or microdermabrasion, shall obtain a
consent in writing prior to the administration of the services.
A consent in writing shall create a presumption that informed
consent was given if the consent:
Sec. 28. Section 157.5, subsection 2, Code 2023, is amended
to read as follows:
2. A licensed cosmetologist or barber, esthetician, or
electrologist who provides services related to the use of a
certified laser product, intense pulsed light device for hair
-7-removal, chemical peel, or microdermabrasion, shall submit
a report to the board within thirty days of any incident
involving the provision of such services which results in
physical injury requiring medical attention. Failure to comply
with this section shall result in disciplinary action being
taken by the board.
Sec. 29. Section 157.6, Code 2023, is amended to read as
follows:
157.6 Sanitary rules — practice in the home.
The department shall prescribe sanitary rules for salons
establishments and schools of barbering and cosmetology arts
and sciences which shall include the sanitary conditions
necessary for the practice of barbering and cosmetology
arts and sciences and for the prevention of infectious and
contagious diseases. Subject to local zoning ordinances, a
salon an establishment may be established in a residence if
a room other than the living quarters is equipped for that
purpose. The department shall enforce this section and make
necessary inspections for enforcement purposes.
Sec. 30. Section 157.7, subsection 1, Code 2023, is amended
to read as follows:
1. The department of inspections and appeals shall
employ personnel pursuant to chapter 8A, subchapter IV, to
perform duties related to inspection functions under this
chapter. The department of inspections and appeals shall, when
possible, integrate inspection efforts under this chapter with
inspections conducted under chapter 158.
Sec. 31. Section 157.8, subsection 1, Code 2023, is amended
to read as follows:
1. It is unlawful for a school of barbering and cosmetology
arts and sciences to operate unless the owner has obtained
a license issued by the department. The owner shall file a
verified application with the department on forms prescribed
by the board.
Sec. 32. Section 157.8, subsection 2, paragraph c, Code
-8-2023, is amended by striking the paragraph.
Sec. 33. Section 157.8, subsection 2, paragraph d, Code
2023, is amended to read as follows:
d. The school of barbering and cosmetology arts and sciences
must pass a sanitary inspection under section 157.6. An annual
inspection of each school of barbering and cosmetology arts and
sciences, including the educational activities of each school,
shall be conducted and completed by the board or its designee
prior to renewal of the license.
Sec. 34. Section 157.8, subsection 3, paragraph c, Code
2023, is amended to read as follows:
c. A person employed as an instructor in the barbering
and cosmetology arts and sciences by a licensed school shall
be licensed in the practice and shall possess a separate
instructor’s license which shall be renewed biennially. An
instructor shall file an application with the department on
forms prescribed by the board. Requirements for licensure as
an instructor shall be determined by the board by rule.
Sec. 35. NEW SECTION. 157.8A Use of schools of barbering
and cosmetology arts and sciences.
A school of barbering and cosmetology arts and sciences may
be used for purposes other than student instruction so long as
the other activities do not disrupt classes. The board shall
adopt rules for the implementation of this section.
Sec. 36. Section 157.9, Code 2023, is amended to read as
follows:
157.9 License suspension and revocation.
Any license issued by the department under the provisions
of this chapter may be suspended, revoked, or renewal denied
by the board for violation of any provision of this chapter
or chapter 158 or rules promulgated by the board under the
provisions of chapter 17A.
Sec. 37. Section 157.10, Code 2023, is amended to read as
follows:
157.10 Course of study.
-9- 1. a. The course of study required for licensure for the
practice of barbering and cosmetology shall be two thousand
one hundred clock hours, or seventy a minimum of one thousand
five hundred fifty clock hours, or fifty-one semester credit
hours or the equivalent thereof as determined pursuant
to administrative rule and regulations promulgated by the
United States department of education. The clock hours, and
equivalent number of semester credit hours or the equivalent
thereof as determined pursuant to administrative rule and
regulations promulgated by the United States department of
education, of a course of study required for licensure for
the practices of electrology, and esthetics, nail technology,
manicuring, and pedicuring shall be established by the board.
The board shall adopt rules to define the course and content of
study for each practice of cosmetology arts and sciences.
b. The course of study required for licensure which is
limited to the practice of esthetics shall be a minimum of six
hundred hours.
c. The course of study required for licensure which is
limited to the practice of nail technology shall be a minimum
of three hundred twenty-five hours.
2. A person licensed in or a student of a practice of
barbering and cosmetology arts and sciences shall be granted
full credit for each course successfully completed which meets
the requirements for licensure in another practice of barbering
and cosmetology arts and sciences.
3. A barber licensed under chapter 158 or a student in
a barber school who applies for licensure in a practice of
cosmetology arts and sciences or who enrolls in a school of
barbering and cosmetology arts and sciences shall be granted,
at the discretion of the school, at least half credit and
up to full credit for each course successfully completed for
licensure as a barber in the practice of barbering which meets
the requirements for licensure in a practice of barbering and
cosmetology arts and sciences.
-10- Sec. 38. Section 157.11, Code 2023, is amended to read as
follows:
157.11 Salon Establishment licenses.
1. A salon An establishment shall not operate unless the
owner has obtained a license issued by the department. The
owner shall apply to the department on forms prescribed by the
board. The department may perform a sanitary inspection of
each salon establishment biennially and may perform a sanitary
inspection of a salon an establishment prior to the issuance of
a license. An inspection of a salon an establishment may also
be conducted upon receipt of a complaint by the department.
2. The application shall be accompanied by the biennial
license fee determined pursuant to section 147.80. The license
is valid for two years and may be renewed.
3. A licensed school of barbering and cosmetology arts and
sciences at which students practice barbering and cosmetology
arts and sciences is exempt from licensing as a salon an
establishment.
Sec. 39. Section 157.12, Code 2023, is amended to read as
follows:
157.12 Supervisors.
A person who directly supervises the work of practitioners
of barbering and cosmetology arts and sciences shall be
licensed in the practice supervised or a barber licensed under
section 158.3.
Sec. 40. NEW SECTION. 157.12C Blow-dry styling.
1. A person engaged exclusively in the practice of blow-dry
styling is not required to receive a license issued under
section 157.3.
2. A person shall not engage in the practice of blow-dry
styling except at an establishment that is licensed pursuant to
section 157.11 or an establishment established in a residence
pursuant to section 157.6.
3. A person shall not engage exclusively in the practice
of blow-dry styling unless the person has completed two hours
-11-of education related to Iowa cosmetology law and rules and
sanitation, as determined by the board by rule.
4. For the purposes of this section, “blow-dry styling”
means the practice of shampooing, conditioning, drying,
arranging, curling, straightening or styling hair using only
mechanical devices, hair sprays, and topical agents such as
balms, oils and serums, and includes the use and styling of
hair extensions, hair pieces and wigs. “Blow-dry styling” does
not include cutting hair or the application of dyes, bleaches,
reactive chemicals, keratin treatments, or other preparations
to color or alter the structure of hair.
Sec. 41. Section 157.13, subsection 1, unnumbered paragraph
1, Code 2023, is amended to read as follows:
It is unlawful for a person to employ an individual to
practice barbering and cosmetology arts and sciences unless
that individual is licensed or has obtained a temporary permit
under this chapter. It is unlawful for a licensee to practice
with or without compensation in any place other than a licensed
salon establishment, or a licensed school of barbering and
cosmetology arts and sciences, or a licensed barbershop as
defined in section 158.1. The following exceptions to this
subsection shall apply:
Sec. 42. Section 157.13, subsection 1, paragraphs a and b,
Code 2023, are amended to read as follows:
a. A licensee may practice at a location which is not
a licensed salon establishment, school of barbering and
cosmetology arts and sciences, or licensed barbershop under
extenuating circumstances arising from physical or mental
disability or death of a customer pursuant to rules adopted by
the board.
b. Notwithstanding section 157.12, when the licensee is
employed by a physician and provides barbering and cosmetology
services at the place of practice of a physician and is under
the supervision of a physician licensed to practice pursuant
to chapter 148.
-12- Sec. 43. Section 157.13, subsections 2 and 3, Code 2023, are
amended to read as follows:
2. It is unlawful for a licensee to claim to be a licensed
barber, however a A licensed cosmetologist may work in a
licensed barbershop. It is unlawful for a person to employ a
licensed cosmetologist or barber, esthetician, or electrologist
to perform the services described in section 157.3A if the
licensee has not received the additional training and met the
other requirements specified in section 157.3A.
3. If the owner or manager of a salon an establishment does
not comply with the sanitary rules adopted under section 157.6
or fails to maintain the salon establishment as prescribed by
rules of the department, the department may notify the owner
or manager in writing of the failure to comply. If the rules
are not complied with within five days after receipt of the
written notice by the owner or manager, the department shall in
writing order the salon establishment closed until the rules
are complied with. It is unlawful for a person to practice
in a salon an establishment which has been closed under this
section. The county attorney in each county shall assist the
department in enforcing this section.
Sec. 44. Section 261.9, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. Is a barber school licensed under section 158.7 or
a school of barbering and cosmetology arts and sciences
licensed under chapter 157 and is accredited by a national
accrediting agency recognized by the United States department
of education. For the fiscal year beginning July 1, 2017,
an eligible institution under this paragraph shall provide a
matching aggregate amount of institutional financial aid equal
to at least seventy-five percent of the amount received by
the institution’s students for Iowa tuition grant assistance
under section 261.16A. For the fiscal year beginning July
1, 2018, the institution shall provide a matching aggregate
amount of institutional financial aid equal to at least
-13-eighty-five percent of the amount received in that fiscal year.
Commencing with the fiscal year beginning July 1, 2019, and
each succeeding fiscal year, the matching aggregate amount of
institutional financial aid shall be at least equal to the
match provided by eligible institutions under paragraph “a”.
Sec. 45. Section 261B.11, subsection 1, paragraph i, Code
2023, is amended to read as follows:
i. Postsecondary educational institutions licensed by
the state of Iowa under section 157.8 or 158.7 chapter 157
to operate as schools of cosmetology arts and sciences or as
barber schools in the state.
Sec. 46. Section 272C.1, subsection 6, paragraph g, Code
2023, is amended to read as follows:
g. The board of barbering and cosmetology arts and sciences,
created pursuant to chapter 147.
Sec. 47. Section 272C.1, subsection 6, paragraph i, Code
2023, is amended by striking the paragraph.
Sec. 48. REPEAL. Chapter 158, Code 2023, is repealed.
Sec. 49. EMERGENCY RULES. The board of cosmetology arts
and sciences, board of barbering, and board of barbering and
cosmetology arts and sciences may adopt emergency rules under
section 17A.4, subsection 3, and section 17A.5, subsection 2,
paragraph “b”, to implement the provisions of this Act and
the rules shall be effective immediately upon filing unless
a later date is specified in the rules. Any rules adopted
in accordance with this section shall also be published as a
notice of intended action as provided in section 17A.4.
Sec. 50. TRANSITION PROVISIONS.
1. a. The merger of the boards of barbering and cosmetology
arts and sciences in this Act shall not affect the appointment
or any term of office of a member of either board prior to the
effective date of this Act. A member of the board of barbering
or the board of cosmetology arts and sciences shall continue to
serve until the member’s term expires, as calculated from the
member’s initial appointment to the board of barbering or board
-14-of cosmetology arts and sciences, or the member ceases to hold
office, whichever first occurs.
b. The initial membership of the board of barbering and
cosmetology arts and sciences shall consist of all members
of the boards of barbering and cosmetology arts and sciences
serving on the effective date of this Act.
2. A rule adopted by the board of cosmetology arts and
sciences or board of barbering that is in force and effect
immediately prior to the effective date of this Act shall
continue in full force and effect until the earlier of the
following:
a. The rule is amended, rescinded, or supplemented by the
affirmative action of the board of barbering and cosmetology
arts and sciences.
b. The rule expires by its own terms.
3. Any license or permit issued by the board of cosmetology
arts and sciences or board of barbering in effect on the
effective date of this Act shall continue in full force and
effect until expiration or renewal, except as provided in
subsection 8.
4. Any funds in any account or fund of the board of
cosmetology arts and sciences or board of barbering shall
be transferred to the control of the board of barbering and
cosmetology arts and sciences.
5. Any cause of action, statute of limitation, or
administrative action relating to or initiated by the board of
cosmetology arts and sciences or board of barbering shall not
be affected as a result of this Act and shall apply to the board
of barbering and cosmetology arts and sciences.
6. All client and organizational files in the possession
of the board of cosmetology arts and sciences or board of
barbering shall become the property of the board of barbering
and cosmetology arts and sciences.
7. Any personnel in the state merit system of employment
who are mandatorily transferred due to the effect of this Act
-15-shall be so transferred without any loss in salary, benefits,
or accrued years of service.
8. A person licensed as a barber as of July 1, 2023, shall
be considered to be a person licensed to practice barbering and
cosmetology and shall be issued a license to practice barbering
and cosmetology upon the expiration of the person’s barbering
license. Such a license shall permit such a person to continue
to practice barbering as provided in chapter 158, Code 2023.
9. A person currently enrolled in a barbering school in a
course of study requiring at least two thousand one hundred
hours of instruction must complete the course of study by
August 1, 2024.
-16-______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 652, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernorss/rh/md