Senate File 387 - Introduced SENATE FILE 387 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1108) A BILL FOR An Act relating to the practice of barbering and cosmetology 1 arts and sciences and providing transition provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1810SV (1) 90 ss/rh
S.F. 387 Section 1. Section 10A.104, subsection 14, Code 2023, is 1 amended to read as follows: 2 14. Administer inspections of cosmetology salons 3 establishments under section 157.7 and barbershops under 4 section 158.6 chapter 157 . 5 Sec. 2. Section 147.13, subsection 11, Code 2023, is amended 6 to read as follows: 7 11. For cosmetology arts and sciences, the board of 8 barbering and cosmetology arts and sciences. 9 Sec. 3. Section 147.13, subsection 12, Code 2023, is amended 10 by striking the subsection. 11 Sec. 4. Section 147.14, subsection 1, paragraphs a and n, 12 Code 2023, are amended by striking the paragraphs. 13 Sec. 5. Section 147.14, subsection 1, Code 2023, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . x. For barbering and cosmetology arts and 16 sciences, three members who are licensed cosmetologists, at 17 least one of whom is also a licensed instructor of cosmetology 18 arts and sciences; two members who are licensed to practice 19 barbering and hairstyling; one member who is a licensed 20 electrologist, esthetician, or nail technologist; one member 21 who owns a school of cosmetology arts and sciences; and 22 two members who are not licensed to practice barbering and 23 hairstyling or licensed in the practice of cosmetology arts and 24 sciences and who shall represent the general public. 25 Sec. 6. Section 147.76, Code 2023, is amended to read as 26 follows: 27 147.76 Rules. 28 The boards for the various professions shall adopt all 29 necessary and proper rules to administer and interpret this 30 chapter and chapters 148 through 158 157 , except chapter 148D . 31 Sec. 7. Section 157.1, Code 2023, is amended by adding the 32 following new subsections: 33 NEW SUBSECTION . 01. Barber and hairstylist means a 34 person who performs the practice of barbering and hairstyling, 35 -1- LSB 1810SV (1) 90 ss/rh 1/ 13
S.F. 387 or otherwise by the persons occupation claims to have 1 knowledge or skill particular to the practice of barbering and 2 hairstyling. 3 NEW SUBSECTION . 001. Barbering means the practices listed 4 in this subsection performed with or without compensation. 5 Barbering includes but is not limited to the following 6 practices performed upon the upper part of the human body of 7 any person for cosmetic purposes and not for the treatment of 8 disease or physical or mental ailments: 9 a. Shaving or trimming for hair removal by the use of a 10 straight edge razor. 11 b. Giving facial and scalp massages or treatments with oils, 12 creams, lotions, or other preparations either by hand, or by 13 electrical or mechanical appliances. 14 c. Singeing, shampooing, hair body processing, curling, 15 blow waving, hair relaxing, bleaching or coloring the hair, or 16 applying hair tonics. 17 d. Applying cosmetic preparations, antiseptics, powders, 18 oils, clays, waxes, or lotions to the scalp, face, or neck. 19 e. Styling, cutting, or shampooing hairpieces or wigs when 20 done in conjunction with haircutting or hairstyling. 21 NEW SUBSECTION . 10A. Establishment means a fixed place 22 or a place that is readily movable where one or more persons 23 engage in the practice of cosmetology arts and sciences, 24 including but not limited to a retail establishment. 25 NEW SUBSECTION . 14A. Hairstyling means curling, waving, 26 press and curl hair straightening, shampooing, cutting, 27 singeing, bleaching, coloring, or similar works, upon the hair 28 on the head of any person, or upon a wig or hairpiece when done 29 in conjunction with haircutting or styling by any means. 30 Sec. 8. Section 157.1, subsection 1, Code 2023, is amended 31 to read as follows: 32 1. Board means the board of barbering and cosmetology arts 33 and sciences. 34 Sec. 9. Section 157.1, subsection 5, paragraph a, Code 2023, 35 -2- LSB 1810SV (1) 90 ss/rh 2/ 13
S.F. 387 is amended to read as follows: 1 a. Arranging, braiding, dressing, Hairstyling, including 2 curling, waving, press and curl hair straightening, shampooing, 3 cutting, singeing, bleaching, coloring, or similar works, upon 4 the hair of any person, or upon a wig or hairpiece when done in 5 conjunction with haircutting or hairstyling by any means. 6 Sec. 10. Section 157.1, subsection 5, Code 2023, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . f. Barbering. 9 Sec. 11. Section 157.1, subsection 6, paragraph e, Code 10 2023, is amended to read as follows: 11 e. Manicuring and pedicuring Hairstyling . 12 Sec. 12. Section 157.1, subsection 26, Code 2023, is amended 13 by striking the subsection. 14 Sec. 13. Section 157.1, subsection 27, Code 2023, is amended 15 by striking the subsection and inserting in lieu thereof the 16 following: 17 27. School of barbering and cosmetology arts and sciences 18 means an establishment operated for the purpose of teaching 19 cosmetology arts and sciences. 20 Sec. 14. Section 157.2, subsection 1, paragraphs b and h, 21 Code 2023, are amended by striking the paragraphs. 22 Sec. 15. Section 157.2, subsection 2, Code 2023, is amended 23 to read as follows: 24 2. Cosmetologists shall not represent themselves to the 25 public as electrologists, estheticians, or nail technologists 26 unless the cosmetologist has completed the additional course of 27 study for the respective practice as prescribed by the board 28 pursuant to section 157.10 . 29 Sec. 16. Section 157.3, subsection 1, paragraph a, Code 30 2023, is amended to read as follows: 31 a. Presents to the department a diploma, or similar 32 evidence, issued by a licensed school of barbering and 33 cosmetology arts and sciences indicating that the applicant 34 has completed the course of study for the appropriate practice 35 -3- LSB 1810SV (1) 90 ss/rh 3/ 13
S.F. 387 of the cosmetology arts and sciences prescribed by the board. 1 An applicant may satisfy this requirement upon presenting a 2 diploma or similar evidence issued by a school in another 3 state, recognized by the board, which provides instruction 4 regarding the practice for which licensure is sought, provided 5 that the course of study is equivalent to or greater in length 6 and scope than that required for a school in this state, and is 7 approved by the board. 8 Sec. 17. Section 157.3, Code 2023, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 3. The board shall adopt rules for the 11 licensure of persons who perform the practice of barbering 12 and hairstyling. A barber and hairstylist licensed pursuant 13 to this subsection shall not practice any cosmetology art or 14 science other than barbering and hairstyling. Nothing in 15 this subsection shall restrict the practice of barbering or 16 hairstyling by a cosmetologist. 17 Sec. 18. Section 157.3A, Code 2023, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 6. Shaving or trimming for hair removal by 20 the use of a straight edge razor shall only be performed by the 21 following persons: 22 a. A licensed barber and hairstylist. 23 b. A cosmetologist trained and certified in the use of a 24 straight edge razor in compliance with applicable rules of 25 the board. The board shall not require a cosmetologist to 26 complete more than forty clock hours of training to receive a 27 certification under this paragraph. 28 Sec. 19. Section 157.4, subsection 3, paragraph a, Code 29 2023, is amended to read as follows: 30 a. The permit shall be issued for a specific event and may 31 be issued to a salon an establishment , school of barbering and 32 cosmetology arts and sciences, or person. 33 Sec. 20. Section 157.6, Code 2023, is amended to read as 34 follows: 35 -4- LSB 1810SV (1) 90 ss/rh 4/ 13
S.F. 387 157.6 Sanitary rules practice in the home. 1 The department shall prescribe sanitary rules for salons 2 establishments and schools of cosmetology arts and sciences 3 which shall include the sanitary conditions necessary for 4 the practice of cosmetology arts and sciences and for the 5 prevention of infectious and contagious diseases. Subject 6 to local zoning ordinances, a salon an establishment may be 7 established in a residence if a room other than the living 8 quarters is equipped for that purpose. The department shall 9 enforce this section and make necessary inspections for 10 enforcement purposes. 11 Sec. 21. Section 157.7, subsection 1, Code 2023, is amended 12 to read as follows: 13 1. The department of inspections and appeals shall 14 employ personnel pursuant to chapter 8A, subchapter IV , to 15 perform duties related to inspection functions under this 16 chapter . The department of inspections and appeals shall, when 17 possible, integrate inspection efforts under this chapter with 18 inspections conducted under chapter 158 . 19 Sec. 22. Section 157.8, subsection 1, Code 2023, is amended 20 to read as follows: 21 1. It is unlawful for a school of barbering and cosmetology 22 arts and sciences to operate unless the owner has obtained 23 a license issued by the department. The owner shall file a 24 verified application with the department on forms prescribed 25 by the board. 26 Sec. 23. Section 157.8, subsection 2, paragraph c, Code 27 2023, is amended by striking the paragraph. 28 Sec. 24. Section 157.8, subsection 2, paragraph d, Code 29 2023, is amended to read as follows: 30 d. The school of barbering and cosmetology arts and sciences 31 must pass a sanitary inspection under section 157.6 . An annual 32 inspection of each school of barbering and cosmetology arts and 33 sciences, including the educational activities of each school, 34 shall be conducted and completed by the board or its designee 35 -5- LSB 1810SV (1) 90 ss/rh 5/ 13
S.F. 387 prior to renewal of the license. 1 Sec. 25. NEW SECTION . 157.8A Use of schools of barbering 2 and cosmetology arts and sciences. 3 A school of barbering and cosmetology arts and sciences may 4 be used for purposes other than student instruction during 5 scheduled instruction time and work experience time so long as 6 the other activities do not disrupt classes. The board shall 7 adopt rules for the implementation of this section. 8 Sec. 26. Section 157.9, Code 2023, is amended to read as 9 follows: 10 157.9 License suspension and revocation. 11 Any license issued by the department under the provisions 12 of this chapter may be suspended, revoked, or renewal denied 13 by the board for violation of any provision of this chapter 14 or chapter 158 or rules promulgated by the board under the 15 provisions of chapter 17A . 16 Sec. 27. Section 157.10, subsections 1 and 3, Code 2023, are 17 amended to read as follows: 18 1. a. The course of study required for licensure for the 19 practice of cosmetology shall be two thousand one hundred clock 20 hours, or seventy semester credit hours or the equivalent 21 thereof as determined pursuant to administrative rule and 22 regulations promulgated by the United States department of 23 education. The clock hours, and equivalent number of semester 24 credit hours or the equivalent thereof as determined pursuant 25 to administrative rule and regulations promulgated by the 26 United States department of education, of a course of study 27 required for licensure for the practices of electrology, 28 esthetics, and nail technology , manicuring, and pedicuring 29 shall be established by the board. The board shall adopt rules 30 to define the course and content of study for each practice of 31 cosmetology arts and sciences. 32 b. The course of study required for licensure which is 33 limited to the practice of esthetics shall be six hundred 34 hours. 35 -6- LSB 1810SV (1) 90 ss/rh 6/ 13
S.F. 387 c. The course of study required for licensure which is 1 limited to the practice of nail technology shall be three 2 hundred twenty-five hours. 3 3. A barber licensed under chapter 158 or a student in 4 a barber school who applies for licensure in a practice of 5 cosmetology arts and sciences or who enrolls in a school of 6 barbering and cosmetology arts and sciences shall be granted, 7 at the discretion of the school, at least half credit and 8 up to full credit for each course successfully completed for 9 licensure as a barber in the practice of barbering which meets 10 the requirements for licensure in a the practice of barbering 11 and hairstyling or the practice of cosmetology arts and 12 sciences. 13 Sec. 28. NEW SECTION . 157.10A Course of study barbering 14 and hairstyling. 15 The course of study required for a license to practice 16 barbering and hairstyling shall be one thousand five hundred 17 hours or an equivalent number of semester credit hours or the 18 equivalent thereof. Nothing in this section shall restrict the 19 practice of barbering or hairstyling by a cosmetologist. 20 Sec. 29. Section 157.11, Code 2023, is amended to read as 21 follows: 22 157.11 Salon Establishment licenses. 23 1. A salon An establishment shall not operate unless the 24 owner has obtained a license issued by the department. The 25 owner shall apply to the department on forms prescribed by the 26 board. The department may perform a sanitary inspection of 27 each salon establishment biennially and may perform a sanitary 28 inspection of a salon an establishment prior to the issuance of 29 a license. An inspection of a salon an establishment may also 30 be conducted upon receipt of a complaint by the department. 31 2. The application shall be accompanied by the biennial 32 license fee determined pursuant to section 147.80 . The license 33 is valid for two years and may be renewed. 34 3. A licensed school of cosmetology arts and sciences at 35 -7- LSB 1810SV (1) 90 ss/rh 7/ 13
S.F. 387 which students practice cosmetology arts and sciences is exempt 1 from licensing as a salon an establishment . 2 Sec. 30. Section 157.13, subsection 1, unnumbered paragraph 3 1, Code 2023, is amended to read as follows: 4 It is unlawful for a person to employ an individual to 5 practice cosmetology arts and sciences unless that individual 6 is licensed or has obtained a temporary permit under this 7 chapter . It is unlawful for a licensee to practice with 8 or without compensation in any place other than a licensed 9 salon establishment , or a licensed school of barbering and 10 cosmetology arts and sciences , or a licensed barbershop as 11 defined in section 158.1 . The following exceptions to this 12 subsection shall apply: 13 Sec. 31. Section 157.13, subsection 1, paragraph a, Code 14 2023, is amended to read as follows: 15 a. A licensee may practice at a location which is not 16 a licensed salon establishment , school of barbering and 17 cosmetology arts and sciences, or licensed barbershop under 18 extenuating circumstances arising from physical or mental 19 disability or death of a customer. 20 Sec. 32. Section 157.13, subsection 3, Code 2023, is amended 21 to read as follows: 22 3. If the owner or manager of a salon an establishment does 23 not comply with the sanitary rules adopted under section 157.6 24 or fails to maintain the salon establishment as prescribed by 25 rules of the department, the department may notify the owner 26 or manager in writing of the failure to comply. If the rules 27 are not complied with within five days after receipt of the 28 written notice by the owner or manager, the department shall in 29 writing order the salon establishment closed until the rules 30 are complied with. It is unlawful for a person to practice 31 in a salon an establishment which has been closed under this 32 section . The county attorney in each county shall assist the 33 department in enforcing this section . 34 Sec. 33. Section 261.9, subsection 3, paragraph b, Code 35 -8- LSB 1810SV (1) 90 ss/rh 8/ 13
S.F. 387 2023, is amended to read as follows: 1 b. Is a barber school licensed under section 158.7 or 2 a school of barbering and cosmetology arts and sciences 3 licensed under chapter 157 and is accredited by a national 4 accrediting agency recognized by the United States department 5 of education. For the fiscal year beginning July 1, 2017, 6 an eligible institution under this paragraph shall provide a 7 matching aggregate amount of institutional financial aid equal 8 to at least seventy-five percent of the amount received by 9 the institutions students for Iowa tuition grant assistance 10 under section 261.16A . For the fiscal year beginning July 11 1, 2018, the institution shall provide a matching aggregate 12 amount of institutional financial aid equal to at least 13 eighty-five percent of the amount received in that fiscal year. 14 Commencing with the fiscal year beginning July 1, 2019, and 15 each succeeding fiscal year, the matching aggregate amount of 16 institutional financial aid shall be at least equal to the 17 match provided by eligible institutions under paragraph a . 18 Sec. 34. Section 261B.11, subsection 1, paragraph i, Code 19 2023, is amended to read as follows: 20 i. Postsecondary educational institutions licensed by 21 the state of Iowa under section 157.8 or 158.7 chapter 157 22 to operate as schools of cosmetology arts and sciences or as 23 barber schools in the state. 24 Sec. 35. Section 272C.1, subsection 6, paragraph g, Code 25 2023, is amended to read as follows: 26 g. The board of barbering and cosmetology arts and sciences , 27 created pursuant to chapter 147 . 28 Sec. 36. Section 272C.1, subsection 6, paragraph i, Code 29 2023, is amended by striking the paragraph. 30 Sec. 37. REPEAL. Chapter 158, Code 2023, is repealed. 31 Sec. 38. EMERGENCY RULES. The board of cosmetology arts 32 and sciences, board of barbering, and board of barbering and 33 cosmetology arts and sciences may adopt emergency rules under 34 section 17A.4, subsection 3, and section 17A.5, subsection 2, 35 -9- LSB 1810SV (1) 90 ss/rh 9/ 13
S.F. 387 paragraph b, to implement the provisions of this Act and 1 the rules shall be effective immediately upon filing unless 2 a later date is specified in the rules. Any rules adopted 3 in accordance with this section shall also be published as a 4 notice of intended action as provided in section 17A.4. 5 Sec. 39. TRANSITION PROVISIONS. 6 1. a. The merger of the boards of barbering and cosmetology 7 arts and sciences in this Act shall not affect the appointment 8 or any term of office of a member of either board prior to the 9 effective date of this Act. A member of the board of barbering 10 or the board of cosmetology arts and sciences shall continue to 11 serve until the members term expires or the member ceases to 12 hold office, whichever first occurs. 13 b. The initial membership of the board of barbering and 14 cosmetology arts and sciences shall consist of all members 15 of the boards of barbering and cosmetology arts and sciences 16 serving on the effective date of this Act. 17 2. A rule adopted by the board of cosmetology arts and 18 sciences or board of barbering that is in force and effect 19 immediately prior to the effective date of this Act shall 20 continue in full force and effect until the earlier of the 21 following: 22 a. The rule is amended, rescinded, or supplemented by the 23 affirmative action of the board of barbering and cosmetology 24 arts and sciences. 25 b. The rule expires by its own terms. 26 3. Any license or permit issued by the board of cosmetology 27 arts and sciences or board of barbering in effect on the 28 effective date of this Act shall continue in full force and 29 effect until expiration or renewal, except as provided in 30 subsection 8. 31 4. Any funds in any account or fund of the board of 32 cosmetology arts and sciences or board of barbering shall 33 be transferred to the control of the board of barbering and 34 cosmetology arts and sciences. 35 -10- LSB 1810SV (1) 90 ss/rh 10/ 13
S.F. 387 5. Any cause of action, statute of limitation, or 1 administrative action relating to or initiated by the board of 2 cosmetology arts and sciences or board of barbering shall not 3 be affected as a result of this Act and shall apply to the board 4 of barbering and cosmetology arts and sciences. 5 6. All client and organizational files in the possession 6 of the board of cosmetology arts and sciences or board of 7 barbering shall become the property of the board of barbering 8 and cosmetology arts and sciences. 9 7. Any personnel in the state merit system of employment 10 who are mandatorily transferred due to the effect of this Act 11 shall be so transferred without any loss in salary, benefits, 12 or accrued years of service. 13 8. A person licensed as a barber as of July 1, 2023, shall 14 be considered to be a person licensed to practice barbering and 15 hairstyling and shall be issued a license to practice barbering 16 and hairstyling upon the expiration of the persons barbering 17 license. Such a license shall permit such a person to continue 18 to practice barbering as provided in chapter 158, Code 2023. 19 9. A person currently enrolled in a barbering school in a 20 course of study requiring at least two thousand one hundred 21 hours of instruction must complete the course of study by 22 August 1, 2024. Each school of cosmetology arts and sciences 23 shall offer a course of study in barbering and hairstyling by 24 August 1, 2024. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanations substance by the members of the general assembly. 28 This bill relates to the practices of barbering and 29 cosmetology. The bill merges the boards of cosmetology 30 arts and sciences and barbering into the board of barbering 31 and cosmetology arts and sciences, repeals Code chapter 32 158 governing barbering, and makes conforming changes. The 33 bill gives the board of barbering and cosmetology arts and 34 sciences all of the powers and responsibilities of the prior 35 -11- LSB 1810SV (1) 90 ss/rh 11/ 13
S.F. 387 boards. The bill provides that current members of the boards 1 of barbering and cosmetology arts and sciences shall become 2 members of the merged board until their terms otherwise expire 3 or they are otherwise replaced. The bill also provides that 4 the current rules of both boards shall remain in effect until 5 the board of barbering and cosmetology arts and sciences 6 amends, rescinds, or supplements the rules, or the rules expire 7 by their own terms. The bill grants the board of barbering, 8 the board of cosmetology arts and sciences, and the board 9 of barbering and cosmetology arts and sciences emergency 10 rulemaking authority to implement the provisions of the bill. 11 The bill also provides other transition provisions. 12 The bill changes the definition of cosmetology by removing 13 arranging, braiding, and dressing of hair and adds hairstyling. 14 The bill also adds nail technology and barbering to the 15 practices encompassed within the definition of cosmetology. 16 The bill directs the board of barbering and cosmetology arts 17 and sciences to develop a program for the certification of 18 current cosmetologists to perform shaving with a straight edge 19 razor. The bill removes manicuring and pedicuring from 20 the definition of cosmetology arts and sciences. The bill 21 replaces the term salon with the term establishment and 22 defines the establishment to mean a fixed or readily movable 23 place where one or more persons engage in the practice of 24 cosmetology arts and sciences. 25 The bill sets the training requirements for a license to 26 practice esthetics to 600 hours and the training requirements 27 for a license to practice nail technology to 325 hours. 28 The bill renames schools of cosmetology arts and sciences 29 to schools of barbering and cosmetology arts and sciences. 30 The bill allows a school of barbering and cosmetology arts and 31 sciences to be used for purposes other than student instruction 32 so long as the activities do not disturb student instruction. 33 The bill also directs the board of barbering and cosmetology 34 arts and sciences to adopt rules for the licensure of persons 35 -12- LSB 1810SV (1) 90 ss/rh 12/ 13
S.F. 387 who practice barbering and hairstyling. Under current 1 law, cosmetologists and barbers may both provide services 2 that include hairstyling. The bill preserves the ability 3 of cosmetologists to provide such services and instructs 4 the board to create a new license permitting barbering and 5 hairstyling licensees to provide only barbering and hairstyling 6 services. The bill provides a definition of hairstyling 7 and adds hairstyling to the list of cosmetology arts and 8 sciences disciplines. The bill also includes definitions for 9 barbering and hairstyling. 10 The bill also provides for the development of a process 11 for the licensure of persons who provide both hairstyling and 12 barbering services but who do not practice any of the other 13 cosmetology arts and sciences. 14 -13- LSB 1810SV (1) 90 ss/rh 13/ 13