Sign in

Amendments › SF 387

Amendment S-3156 to SF 387

Relating to the practice of barbering and cosmetology arts and sciences and providing transition provisions

Adopted · April 19, 2023Strike everything: replaces the whole bill

Filed April 19, 2023 in the Senate by Sen. Chris Cournoyer (R)

Amends this SF 387 to CONFORM to HF 652

What it changes

  1. By striking everything after the enacting clause and inserting: “Section
  2. Section 10A.104, subsection 14, Code 2023, is amended to read as follows:
  3. Administer inspections of cosmetology salons establishments under section 157.7 and barbershops under section 158.6 chapter 157 . Sec.
  4. Section 147.13, subsection 11, Code 2023, is amended to read as follows:
  5. For cosmetology arts and sciences, the board of barbering and cosmetology arts and sciences. Sec.
  6. Section 147.13, subsection 12, Code 2023, is amended by striking the subsection. Sec.
  7. Section 147.14, subsection 1, paragraphs a and n, Code 2023, are amended by striking the paragraphs. Sec.
  8. 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, at least one of whom is also a licensed instructor of cosmetology arts and sciences; one member who is a licensed electrologist, esthetician, or nail technologist; one member who owns a school of cosmetology arts and sciences; and one member who is not licensed in the practice of cosmetology arts and sciences and who shall represent the general public. Sec.
  9. 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.
  10. Section 157.1, Code 2023, is amended by adding the following new subsections: NEW SUBSECTION .
  11. “Barbering” means the practices listed in this subsection performed with or without compensation. “Barbering” includes but is not limited to the following practices performed upon the upper part of the human body of any person for cosmetic purposes and not for the treatment of disease or physical or mental ailments: a. Shaving or trimming for hair removal by the use of a straight edge razor. b. Giving facial and scalp massages or treatments with oils, creams, lotions, or other preparations either by hand, or by electrical or mechanical appliances. c. Singeing, shampooing, hair body processing, curling, blow waving, hair relaxing, bleaching or coloring the hair, or applying hair tonics. d. Applying cosmetic preparations, antiseptics, powders, oils, clays, waxes, or lotions to the scalp, face, or neck. e. Styling, cutting, or shampooing hairpieces or wigs when done in conjunction with haircutting or hairstyling. 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 cosmetology arts and sciences, including but not limited to a retail establishment. Sec.
  12. Section 157.1, subsections 1 and 4, Code 2023, are amended to read as follows:
  13. “Board” means the board of barbering and cosmetology arts and sciences.
  14. “Cosmetologist” or “barber” means a person who performs the practice of cosmetology, or otherwise by the person’s occupation claims to have knowledge or skill particular to the practice of cosmetology. 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. Sec.
  15. Section 157.1, subsection 5, paragraph a, Code 2023, is amended to read as follows: a. Arranging, braiding, dressing, Hairstyling, including curling, waving, press and curl hair straightening, shampooing, cutting, singeing, bleaching, coloring, or similar works, upon the hair of any person, or upon a wig or hairpiece when done in conjunction with haircutting or hairstyling by any means. Sec.
  16. Section 157.1, subsection 5, Code 2023, is amended by adding the following new paragraph: NEW PARAGRAPH . f. Barbering. Sec.
  17. Section 157.1, subsection 6, paragraph e, Code 2023, is amended by striking the paragraph. Sec.
  18. Section 157.1, subsection 26, Code 2023, is amended by striking the subsection. Sec.
  19. Section 157.1, subsection 27, Code 2023, is amended by striking the subsection and inserting in lieu thereof the following:
  20. “School of barbering and cosmetology arts and sciences” means an establishment operated for the purpose of teaching cosmetology arts and sciences. Sec.
  21. Section 157.2, subsection 1, paragraphs b and h, Code 2023, are amended by striking the paragraphs. Sec.
  22. Section 157.2, subsection 2, Code 2023, is amended to read as follows:
  23. 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.
  24. Section 157.3, subsection 1, unnumbered paragraph 1, Code 2023, is amended to read as follows: An applicant who is at least sixteen years of age and has graduated from high school successfully completed tenth grade or its equivalent shall be issued a license to practice any of the cosmetology arts and sciences by the department when the applicant satisfies all of the following: Sec.
  25. Section 157.3, subsection 1, paragraph a, Code 2023, is 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 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. Sec.
  26. Section 157.3, Code 2023, is amended by adding the following new subsection: NEW SUBSECTION .
  27. An applicant shall indicate on the applicant’s application whether the applicant seeks to be licensed as a cosmetologist or a barber. Sec.
  28. 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 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.
  29. Section 157.3A, subsection 4, Code 2023, is amended to read as follows:
  30. 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.
  31. Section 157.3A, Code 2023, is amended by adding the following new subsection: NEW SUBSECTION .
  32. 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.
  33. Section 157.4, subsection 3, paragraph a, Code 2023, is 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. Sec.
  34. 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.
  35. Section 157.5, subsection 2, Code 2023, is amended to read as follows:
  36. 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 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.
  37. 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 cosmetology arts and sciences which shall include the sanitary conditions necessary for the practice of 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.
  38. Section 157.7, subsection 1, Code 2023, is amended to read as follows:
  39. 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.
  40. Section 157.8, subsection 1, Code 2023, is amended to read as follows:
  41. 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.
  42. Section 157.8, subsection 2, paragraph c, Code 2023, is amended by striking the paragraph. Sec.
  43. 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.
  44. 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.
  45. 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.
  46. Section 157.10, subsections 1 and 3, Code 2023, are amended to read as follows:
  47. a. The course of study required for licensure for the practice of 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, esthetics, and 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.
  48. 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 cosmetology arts and sciences. Sec.
  49. Section 157.11, Code 2023, is amended to read as follows: 157.11 Salon Establishment licenses.
  50. 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.
  51. 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.
  52. A licensed school of cosmetology arts and sciences at which students practice cosmetology arts and sciences is exempt from licensing as a salon an establishment . Sec.
  53. NEW SECTION . 157.12C Blow-dry styling.
  54. A person engaged exclusively in the practice of blow-dry styling is not required to receive a license issued under section 157.3.
  55. 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.
  56. A person shall not engage exclusively in the practice of blow-dry styling unless the person has completed two hours of education related to Iowa cosmetology law and rules and sanitation, as determined by the board by rule.
  57. 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.
  58. 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 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.
  59. Section 157.13, subsection 1, paragraph a, Code 2023, is 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 . Sec.
  60. Section 157.13, subsections 2 and 3, Code 2023, are amended to read as follows:

Shortened here; the full amendment is in the official document.

Official amendment (PDF) · In the Bill Book