House File 137 - Introduced HOUSE FILE 137 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 40) A BILL FOR An Act relating to the practice of cosmetology and barbering in 1 certain locations. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1243HV (1) 90 ss/rh
H.F. 137 Section 1. Section 157.1, subsection 26, Code 2023, is 1 amended to read as follows: 2 26. Salon means a fixed an establishment or place in a 3 fixed location, or a location that is readily movable, where 4 one or more persons engage in the practice of cosmetology 5 arts and sciences, including, but not limited to, a retail 6 establishment where cosmetologists engage in the practice of 7 cosmetology arts and sciences. 8 Sec. 2. Section 157.13, subsection 1, Code 2023, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . 0b. A licensee may practice at a location 11 which is not a licensed salon, school of cosmetology arts and 12 sciences, or licensed barbershop pursuant to rules adopted by 13 the board. 14 Sec. 3. Section 158.13, subsection 1, Code 2023, is amended 15 to read as follows: 16 1. a. It is unlawful for a person to employ an individual 17 to practice barbering unless that individual is a licensed 18 barber or has obtained a temporary permit. It is unlawful 19 for a licensed barber to practice barbering with or without 20 compensation in any place other than a licensed barbershop or 21 barber school, or a licensed salon as defined in section 157.1 , 22 except that a as follows: 23 (1) A licensed barber may practice barbering at a location 24 which is not a licensed barbershop or barber school under 25 extenuating circumstances arising from physical or mental 26 disability or death of a customer. 27 (2) A licensed barber may practice barbering at a location 28 which is not a licensed barbershop or barber school pursuant 29 to rules adopted by the board. 30 b. It is unlawful for a licensed barber to claim to be a 31 licensed cosmetologist, but it is lawful for a licensed barber 32 to work in a licensed salon. 33 Sec. 4. EMERGENCY RULES. The board of cosmetology arts and 34 sciences and board of barbering may adopt emergency rules under 35 -1- LSB 1243HV (1) 90 ss/rh 1/ 2
H.F. 137 section 17A.4, subsection 3, and section 17A.5, subsection 2, 1 paragraph b, to implement the provisions of this Act and 2 the rules shall be effective immediately upon filing unless 3 a later date is specified in the rules. Any rules adopted 4 in accordance with this section shall also be published as a 5 notice of intended action as provided in section 17A.4. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanations substance by the members of the general assembly. 9 This bill relates to the practice of cosmetology arts 10 and sciences and barbering in certain locations. The bill 11 expands the definition of a salon to include a location that 12 is readily movable where one or more persons engage in the 13 practice of cosmetology arts and sciences. 14 The bill allows a person licensed by the board of cosmetology 15 arts and sciences or the board of barbering to practice in 16 locations other than a licensed salon, school of cosmetology 17 arts and sciences, licensed barbershop, or barber school 18 pursuant to rules adopted by the board of cosmetology arts 19 and sciences or board of barbering, as applicable. The bill 20 allows the board of cosmetology arts and sciences and board of 21 barbering to adopt emergency rules to implement the provisions 22 of the bill. 23 -2- LSB 1243HV (1) 90 ss/rh 2/ 2