House File 2117 - Introduced HOUSE FILE 2117 BY COLLINS A BILL FOR An Act relating to a barbering and cosmetology establishment 1 training program. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5849YH (2) 90 ss/ko
H.F. 2117 Section 1. Section 157.2, subsection 1, Code 2024, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . h. Persons providing services pursuant to an 3 establishment training program authorized pursuant to section 4 157.12D. 5 Sec. 2. Section 157.2, subsection 3, Code 2024, is amended 6 to read as follows: 7 3. With the exception of hair removal, manicuring, and nail 8 technology services, persons licensed under this chapter or 9 participating in an establishment training program authorized 10 pursuant to section 157.12D shall not administer any procedure 11 in which human tissue is cut, shaped, vaporized, or otherwise 12 structurally altered. 13 Sec. 3. Section 157.13, subsection 1, Code 2024, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . d. When the practice is performed by a 16 person without a license under the supervision of a licensee in 17 an establishment registered with the board pursuant to section 18 157.12D. 19 Sec. 4. Section 157.13, subsection 4, unnumbered paragraph 20 1, Code 2024, is amended to read as follows: 21 If the board has reasonable grounds to believe that a person 22 or establishment which is not licensed under this chapter and 23 that is not participating in an establishment training program 24 pursuant to section 157.12D has engaged, or is about to engage, 25 in an act or practice which requires licensure under this 26 chapter , or otherwise violates a provision of this chapter , the 27 board may issue an order to require the unlicensed person or 28 establishment to comply with the provisions of this chapter , 29 and may impose a civil penalty not to exceed one thousand 30 dollars for each violation of this chapter by an unlicensed 31 person or establishment. Each day of a continued violation 32 after an order or citation by the board constitutes a separate 33 offense, with the maximum penalty not to exceed ten thousand 34 dollars. 35 -1- LSB 5849YH (2) 90 ss/ko 1/ 4
H.F. 2117 Sec. 5. NEW SECTION . 157.12D Establishment training 1 program. 2 1. An establishment training program is created. The 3 board shall create an establishment training program and allow 4 establishments to register to participate in the program. An 5 establishment licensed pursuant to section 157.11, including 6 an establishment operating in a residence pursuant to section 7 157.6 may participate in the program by registering with the 8 board. 9 2. An establishment that registers with the board may employ 10 persons, without regard to the persons licensure status, to 11 provide the services of shampooing, cutting, coloring, and 12 styling hair under the supervision of a licensee who regularly 13 provides the services. A person providing services without 14 a license must first complete two hours of education related 15 to barbering and cosmetology laws in this state and rules and 16 sanitation, as determined by the board by rule, before offering 17 services permitted under the program. The establishment owner 18 is responsible for ensuring the education, training, skills, 19 and competence of persons who provide services in the owners 20 establishment. 21 3. An establishment participating in the establishment 22 training program shall comply with all facility and minimum 23 equipment requirements, safety and infection control 24 provisions, inspection requirements, management requirements, 25 and establishment licensing renewal requirements. The 26 department shall inspect an establishment participating in the 27 program as the department deems necessary to ensure compliance 28 with these requirements. 29 4. The establishment shall disclose in writing prior to 30 the consumers receipt of services from an unlicensed provider 31 that the establishment is participating in the program and 32 that the provider is not licensed. The disclosure shall be 33 clearly legible and state: This licensed establishment is 34 registered to participate in an establishment training program. 35 -2- LSB 5849YH (2) 90 ss/ko 2/ 4
H.F. 2117 This establishment employs unlicensed providers who work under 1 the supervision of licensed providers. The services you are 2 receiving are from an unlicensed provider participating in this 3 program. 4 5. In addition to any other remedy provided by law, in 5 an action based on an injury alleged to have occurred in an 6 establishment participating in the establishment training 7 program, a prevailing party may recover reasonable attorneys 8 fees and receive other equitable relief as determined by the 9 court. 10 6. In addition to any other disciplinary powers established 11 pursuant to this chapter, the board may, when it has probable 12 cause to believe that human health is endangered, order an 13 establishment participating in the program to immediately cease 14 participation in the program. The board shall conduct formal 15 proceedings pursuant to this chapter to determine whether the 16 problem has been corrected, whether to suspend, revoke, or 17 reinstate the establishments participation in the program, and 18 whether to suspend, revoke, or reinstate the establishments 19 license. 20 7. For the purposes of this section, supervision means 21 within the physical presence of a licensee and the licensee is 22 available to assist in providing services. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanations substance by the members of the general assembly. 26 This bill relates to the practice of barbering and 27 cosmetology arts and sciences by certain unlicensed persons. 28 The bill requires the board of barbering and cosmetology arts 29 and sciences to create an establishment training program 30 (program). The bill allows an establishment to participate in 31 the program by registering with the board. The bill allows an 32 establishment participating in the program to employ unlicensed 33 persons to perform certain cosmetology arts and sciences 34 under the supervision, defined in the bill, of a licensee 35 -3- LSB 5849YH (2) 90 ss/ko 3/ 4
H.F. 2117 who regularly provides those services. The bill requires an 1 unlicensed person participating in the program to first receive 2 education regarding barbering and cosmetology laws and rules 3 and sanitation. The owner of an establishment participating 4 in the program is responsible for ensuring the education, 5 training, skills, and competence of persons who provide 6 services in the owners establishment. 7 The bill requires an establishment participating in the 8 program to comply with all facility and minimum equipment 9 requirements, safety and infection control provisions, 10 inspection requirements, management requirements, and 11 establishment licensing renewal requirements. The bill 12 requires the department of inspections, appeals, and licensing 13 to inspect an establishment participating in the program 14 as often as it deems necessary to ensure compliance with 15 these requirements. The bill also requires an establishment 16 participating in the program to inform a consumer receiving 17 services from an unlicensed person in writing prior to the 18 provision of services. 19 The bill allows a party prevailing in an action based 20 on an injury alleged to have occurred in an establishment 21 participating in the program to recover reasonable attorneys 22 fees and receive other equitable relief as determined by the 23 court. The bill allows the board to order an establishment 24 to immediately cease participation in the program if it has 25 probable cause to believe that human health is endangered. 26 The bill requires the board to formally investigate an 27 establishment subject to discipline under the bill and 28 allows the board to reinstate or revoke the establishments 29 participation in the program, and to suspend, revoke, or 30 reinstate the establishments license. 31 -4- LSB 5849YH (2) 90 ss/ko 4/ 4