Bill Text: IA HF2576 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to the practice of barbering and cosmetology arts and sciences, including fees, and providing transition provisions.(Formerly HSB 728.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2022-04-26 - Subcommittee recommends passage. [HF2576 Detail]

Download: Iowa-2021-HF2576-Introduced.html
House File 2576 - Introduced HOUSE FILE 2576 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HSB 728) A BILL FOR An Act relating to the practice of barbering and cosmetology 1 arts and sciences, including fees, and providing transition 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6272HV (1) 89 ss/rh
H.F. 2576 Section 1. Section 10A.104, subsection 14, Code 2022, is 1 amended by striking the subsection. 2 Sec. 2. Section 147.13, subsection 11, Code 2022, is amended 3 to read as follows: 4 11. For cosmetology arts and sciences, the board of 5 barbering and cosmetology arts and sciences. 6 Sec. 3. Section 147.13, subsection 12, Code 2022, is amended 7 by striking the subsection. 8 Sec. 4. Section 147.14, subsection 1, paragraphs a and n, 9 Code 2022, are amended by striking the paragraphs. 10 Sec. 5. Section 147.14, subsection 1, Code 2022, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . x. For barbering and cosmetology arts and 13 sciences, three members who are licensed cosmetologists; one 14 member who is a licensed instructor of cosmetology arts and 15 sciences; one member who is licensed to practice barbering; 16 one member who is a licensed esthetician or electrologist; one 17 member who is a licensed nail technologist; one member who owns 18 a school of cosmetology arts and sciences or a cosmetology 19 establishment; one member who is a licensed physician or 20 surgeon, osteopathic physician or surgeon, physician assistant, 21 or nurse; and two members who are not licensed to practice 22 barbering or licensed in a practice of cosmetology arts and 23 sciences and who do not have a financial interest in the 24 industry of cosmetology, who shall represent the general 25 public. 26 Sec. 6. Section 147.76, Code 2022, is amended to read as 27 follows: 28 147.76 Rules. 29 The boards for the various professions shall adopt all 30 necessary and proper rules to administer and interpret this 31 chapter and chapters 148 through 158 157 , except chapter 148D . 32 Sec. 7. Section 157.1, Code 2022, is amended by adding the 33 following new subsections: 34 NEW SUBSECTION . 01. “Barber” means a person who performs 35 -1- LSB 6272HV (1) 89 ss/rh 1/ 13
H.F. 2576 the practice of barbering or otherwise by the person’s 1 occupation claims to have knowledge or skill particular to the 2 practice of barbering. 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 the beard or cutting the hair. 10 b. Giving facial and scalp massages or treatments with oils, 11 creams, lotions, or other preparations either by hand, or by 12 electrical or mechanical appliances. 13 c. Singeing, shampooing, hair body processing, curling, 14 blow waving, hair relaxing, bleaching or coloring the hair, or 15 applying hair tonics. 16 d. Applying cosmetic preparations, antiseptics, powders, 17 oils, clays, waxes, or lotions to the scalp, face, or neck. 18 e. Styling, cutting, or shampooing hairpieces or wigs when 19 done in conjunction with haircutting or hairstyling. 20 NEW SUBSECTION . 10A. “Establishment” means a fixed place 21 or a place that is readily movable where one or more persons 22 engage in the practice of barbering or cosmetology arts and 23 sciences, including but not limited to a retail establishment. 24 Sec. 8. Section 157.1, subsection 1, Code 2022, is amended 25 to read as follows: 26 1. “Board” means the board of barbering and cosmetology arts 27 and sciences. 28 Sec. 9. Section 157.1, subsection 5, paragraph a, Code 2022, 29 is amended to read as follows: 30 a. Arranging, braiding, dressing, curling, Curling, waving, 31 press and curl hair straightening, shampooing, cutting, 32 singeing, bleaching, coloring, or similar works, upon the 33 hair of any person, or upon a wig or hairpiece when done in 34 conjunction with haircutting or hairstyling by any means. 35 -2- LSB 6272HV (1) 89 ss/rh 2/ 13
H.F. 2576 Sec. 10. Section 157.1, subsection 5, Code 2022, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . f. Barbering. 3 Sec. 11. Section 157.1, subsection 26, Code 2022, is amended 4 by striking the subsection. 5 Sec. 12. Section 157.1, subsection 27, Code 2022, is amended 6 to read as follows: 7 27. “School of barbering and cosmetology arts and sciences” 8 means an establishment operated for the purpose of teaching 9 cosmetology arts and sciences. 10 Sec. 13. Section 157.2, subsection 1, paragraphs b and h, 11 Code 2022, are amended by striking the paragraphs. 12 Sec. 14. Section 157.2, subsection 2, Code 2022, is amended 13 to read as follows: 14 2. Cosmetologists shall not represent themselves to the 15 public as electrologists, estheticians, or nail technologists 16 unless the cosmetologist has completed the additional course of 17 study for the respective practice as prescribed by the board 18 pursuant to section 157.10 . 19 Sec. 15. Section 157.3, subsection 1, paragraph a, Code 20 2022, is amended to read as follows: 21 a. Presents to the department a diploma, or similar 22 evidence, issued by a licensed school of barbering and 23 cosmetology arts and sciences or barbering indicating that the 24 applicant has completed the course of study for the appropriate 25 practice of the cosmetology arts and sciences prescribed by 26 the board. An applicant may satisfy this requirement upon 27 presenting a diploma or similar evidence issued by a school 28 in another state, recognized by the board, which provides 29 instruction regarding the practice for which licensure is 30 sought, provided that the course of study is equivalent to or 31 greater in length and scope than that required for a school in 32 this state, and is approved by the board. 33 Sec. 16. Section 157.3, Code 2022, is amended by adding the 34 following new subsection: 35 -3- LSB 6272HV (1) 89 ss/rh 3/ 13
H.F. 2576 NEW SUBSECTION . 3. The board shall adopt rules for the 1 licensure of persons who perform the practice of barbering. 2 The course of study for licensure as a barber shall consist 3 of at least two thousand one hundred hours of instruction. A 4 barber licensed pursuant to this subsection shall not practice 5 any cosmetology art or science other than barbering. Nothing 6 in this subsection shall restrict the practice of barbering by 7 a cosmetologist. 8 Sec. 17. Section 157.3A, Code 2022, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 6. Shaving or trimming for hair removal by 11 the use of a straight edge razor shall only be performed by the 12 following persons: 13 a. A licensed barber. 14 b. A cosmetologist trained and certified in the use of a 15 straight edge razor in compliance with applicable rules of 16 the board. The board shall not require a cosmetologist to 17 complete more than forty clock hours of training to receive a 18 certification under this paragraph. 19 Sec. 18. Section 157.4, subsection 3, paragraph a, Code 20 2022, is amended to read as follows: 21 a. The permit shall be issued for a specific event and may 22 be issued to a salon an establishment , school of barbering and 23 cosmetology arts and sciences, or person. 24 Sec. 19. Section 157.6, Code 2022, is amended to read as 25 follows: 26 157.6 Sanitary rules —— practice in the home. 27 The department shall prescribe sanitary rules for salons 28 establishments and schools of barbering and cosmetology arts 29 and sciences which shall include the sanitary conditions 30 necessary for the practice of cosmetology arts and sciences 31 and for the prevention of infectious and contagious diseases. 32 Subject to local zoning ordinances, a salon an establishment 33 may be established in a residence if a room other than the 34 living quarters is equipped for that purpose. The department 35 -4- LSB 6272HV (1) 89 ss/rh 4/ 13
H.F. 2576 shall enforce this section and make necessary inspections for 1 enforcement purposes. 2 Sec. 20. Section 157.7, subsection 1, Code 2022, is amended 3 by striking the subsection. 4 Sec. 21. Section 157.8, subsection 1, Code 2022, is amended 5 to read as follows: 6 1. It is unlawful for a school of barbering and cosmetology 7 arts and sciences to operate unless the owner has obtained 8 a license issued by the department. The owner shall file a 9 verified application with the department on forms prescribed 10 by the board. 11 Sec. 22. Section 157.8, subsection 2, paragraph c, Code 12 2022, is amended by striking the paragraph. 13 Sec. 23. Section 157.8, subsection 2, paragraph d, Code 14 2022, is amended to read as follows: 15 d. The school of barbering and cosmetology arts and sciences 16 must pass a sanitary inspection under section 157.6 . An annual 17 inspection of each school of barbering and cosmetology arts and 18 sciences, including the educational activities of each school, 19 shall be conducted and completed by the board or its designee 20 prior to renewal of the license. 21 Sec. 24. NEW SECTION . 157.8A Use of schools of barbering 22 and cosmetology arts and sciences. 23 A school of barbering and cosmetology arts and sciences may 24 be used for purposes other than student instruction during 25 scheduled instruction time and work experience time so long as 26 the other activities do not disrupt classes. The board shall 27 adopt rules for the implementation of this section. 28 Sec. 25. Section 157.9, Code 2022, is amended to read as 29 follows: 30 157.9 License suspension and revocation. 31 Any license issued by the department under the provisions 32 of this chapter may be suspended, revoked, or renewal denied 33 by the board for violation of any provision of this chapter 34 or chapter 158 or rules promulgated by the board under the 35 -5- LSB 6272HV (1) 89 ss/rh 5/ 13
H.F. 2576 provisions of chapter 17A . 1 Sec. 26. Section 157.10, subsection 1, Code 2022, is amended 2 to read as follows: 3 1. The course of study required for licensure for the 4 practice of cosmetology shall be two thousand one hundred clock 5 hours, or seventy semester credit hours or the equivalent 6 thereof as determined pursuant to administrative rule and 7 regulations promulgated by the United States department of 8 education. The clock hours, and equivalent number of semester 9 credit hours or the equivalent thereof as determined pursuant 10 to administrative rule and regulations promulgated by the 11 United States department of education, of a course of study 12 required for licensure for the practices of electrology, 13 esthetics, and nail technology , manicuring, and pedicuring 14 shall be established by the board. The board shall adopt rules 15 to define the course and content of study for each practice of 16 cosmetology arts and sciences. 17 Sec. 27. Section 157.10, subsection 3, Code 2022, is amended 18 by striking the subsection. 19 Sec. 28. Section 157.11, Code 2022, is amended to read as 20 follows: 21 157.11 Salon Establishment licenses. 22 1. A salon An establishment shall not operate unless the 23 owner has obtained a license issued by the department. The 24 owner shall apply to the department on forms prescribed by the 25 board. The department may shall perform a sanitary inspection 26 of each salon biennially establishment at least once every five 27 years and may shall perform a sanitary inspection of a salon 28 prior to the issuance of a license an establishment at the 29 time of the opening of an establishment . An inspection of a 30 salon an establishment may also be conducted upon receipt of a 31 complaint by the department , as determined by the board . The 32 board shall adopt rules to administer the inspection process 33 and set fees necessary to cover the cost of the inspection. 34 2. The application shall be accompanied by the biennial 35 -6- LSB 6272HV (1) 89 ss/rh 6/ 13
H.F. 2576 license fee determined pursuant to section 147.80 . The license 1 is valid for two years and may be renewed. 2 3. A licensed school of cosmetology arts and sciences at 3 which students practice cosmetology arts and sciences is exempt 4 from licensing as a salon an establishment . 5 Sec. 29. Section 157.12, Code 2022, is amended to read as 6 follows: 7 157.12 Supervisors. 8 A person who directly supervises the work of practitioners 9 of barbering or cosmetology arts and sciences shall be licensed 10 in the practice supervised or a barber licensed under section 11 158.3 . 12 Sec. 30. Section 157.13, subsection 1, unnumbered paragraph 13 1, Code 2022, is amended to read as follows: 14 It is unlawful for a person to employ an individual to 15 practice barbering or cosmetology arts and sciences unless 16 that individual is licensed or has obtained a temporary permit 17 under this chapter . It is unlawful for a licensee to practice 18 with or without compensation in any place other than a licensed 19 salon establishment , or a licensed school of barbering and 20 cosmetology arts and sciences , or a licensed barbershop as 21 defined in section 158.1 . The following exceptions to this 22 subsection shall apply: 23 Sec. 31. Section 157.13, subsection 1, paragraph a, Code 24 2022, is amended to read as follows: 25 a. A licensee may practice at a location which is not 26 a licensed salon establishment , school of barbering and 27 cosmetology arts and sciences, or licensed barbershop under 28 extenuating circumstances arising from physical or mental 29 disability or death of a customer. 30 Sec. 32. Section 157.13, subsection 1, Code 2022, is amended 31 by adding the following new paragraphs: 32 NEW PARAGRAPH . 0b. A licensee may practice at a location 33 which is not a licensed establishment or school of barbering 34 and cosmetology arts and sciences if the board has issued an 35 -7- LSB 6272HV (1) 89 ss/rh 7/ 13
H.F. 2576 event services permit to the licensee. The board shall adopt 1 rules for the application for and issuance of an event services 2 permit, which may include the imposition of fees necessary to 3 cover the cost of the permitting process. 4 NEW PARAGRAPH . 00b. A licensee may practice at a location 5 which is not a licensed establishment or a school of barbering 6 and cosmetology arts and sciences if the location is the home 7 of the customer. The board shall adopt rules for the practice 8 of barbering and cosmetology at such a location. 9 Sec. 33. Section 157.13, subsection 3, Code 2022, is amended 10 to read as follows: 11 3. If the owner or manager of a salon an establishment does 12 not comply with the sanitary rules adopted under section 157.6 13 or fails to maintain the salon establishment as prescribed by 14 rules of the department, the department may notify the owner 15 or manager in writing of the failure to comply. If the rules 16 are not complied with within five days after receipt of the 17 written notice by the owner or manager, the department shall in 18 writing order the salon establishment closed until the rules 19 are complied with. It is unlawful for a person to practice 20 in a salon an establishment which has been closed under this 21 section . The county attorney in each county shall assist the 22 department in enforcing this section . 23 Sec. 34. Section 261.9, subsection 3, paragraph b, Code 24 2022, is amended to read as follows: 25 b. Is a barber school licensed under section 158.7 or 26 a school of barbering and cosmetology arts and sciences 27 licensed under chapter 157 and is accredited by a national 28 accrediting agency recognized by the United States department 29 of education. For the fiscal year beginning July 1, 2017, 30 an eligible institution under this paragraph shall provide a 31 matching aggregate amount of institutional financial aid equal 32 to at least seventy-five percent of the amount received by 33 the institution’s students for Iowa tuition grant assistance 34 under section 261.16A . For the fiscal year beginning July 35 -8- LSB 6272HV (1) 89 ss/rh 8/ 13
H.F. 2576 1, 2018, the institution shall provide a matching aggregate 1 amount of institutional financial aid equal to at least 2 eighty-five percent of the amount received in that fiscal year. 3 Commencing with the fiscal year beginning July 1, 2019, and 4 each succeeding fiscal year, the matching aggregate amount of 5 institutional financial aid shall be at least equal to the 6 match provided by eligible institutions under paragraph “a” . 7 Sec. 35. Section 261B.11, subsection 1, paragraph i, Code 8 2022, is amended to read as follows: 9 i. Postsecondary educational institutions licensed by 10 the state of Iowa under section 157.8 or 158.7 chapter 157 11 to operate as schools of cosmetology arts and sciences or as 12 barber schools in the state. 13 Sec. 36. Section 272C.1, subsection 6, paragraph g, Code 14 2022, is amended to read as follows: 15 g. The board of barbering and cosmetology arts and sciences , 16 created pursuant to chapter 147 . 17 Sec. 37. Section 272C.1, subsection 6, paragraph i, Code 18 2022, is amended by striking the paragraph. 19 Sec. 38. REPEAL. Chapter 158, Code 2022, is repealed. 20 Sec. 39. EMERGENCY RULES. The board of cosmetology arts 21 and sciences, board of barbering, and board of barbering and 22 cosmetology arts and sciences may adopt emergency rules under 23 section 17A.4, subsection 3, and section 17A.5, subsection 2, 24 paragraph “b”, to implement the provisions of this Act and 25 the rules shall be effective immediately upon filing unless 26 a later date is specified in the rules. Any rules adopted 27 in accordance with this section shall also be published as a 28 notice of intended action as provided in section 17A.4. 29 Sec. 40. TRANSITION PROVISIONS. 30 1. a. The merger of the boards of barbering and cosmetology 31 arts and sciences in this Act shall not affect the appointment 32 or any term of office of a member of either board prior to the 33 effective date of this Act. A member of the board of barbering 34 or the board of cosmetology arts and sciences shall continue to 35 -9- LSB 6272HV (1) 89 ss/rh 9/ 13
H.F. 2576 serve until the member’s term expires or the member ceases to 1 hold office, whichever first occurs. 2 b. The initial membership of the board of barbering and 3 cosmetology arts and sciences shall consist of all members 4 of the boards of barbering and cosmetology arts and sciences 5 serving on the effective date of this Act. 6 2. A rule adopted by the board of cosmetology arts and 7 sciences or board of barbering that is in force and effect 8 immediately prior to the effective date of this Act shall 9 continue in full force and effect until the earlier of the 10 following: 11 a. The rule is amended, rescinded, or supplemented by the 12 affirmative action of the board of barbering and cosmetology 13 arts and sciences. 14 b. The rule expires by its own terms. 15 3. Any license or permit issued by the board of cosmetology 16 arts and sciences or board of barbering in effect on the 17 effective date of this Act shall continue in full force and 18 effect until expiration or renewal, except as provided in 19 subsection 8. 20 4. Any funds in any account or fund of the board of 21 cosmetology arts and sciences or board of barbering shall 22 be transferred to the control of the board of barbering and 23 cosmetology arts and sciences. 24 5. Any cause of action, statute of limitation, or 25 administrative action relating to or initiated by the board of 26 cosmetology arts and sciences or board of barbering shall not 27 be affected as a result of this Act and shall apply to the board 28 of barbering and cosmetology arts and sciences. 29 6. All client and organizational files in the possession 30 of the board of cosmetology arts and sciences or board of 31 barbering shall become the property of the board of barbering 32 and cosmetology arts and sciences. 33 7. Any personnel in the state merit system of employment 34 who are mandatorily transferred due to the effect of this Act 35 -10- LSB 6272HV (1) 89 ss/rh 10/ 13
H.F. 2576 shall be so transferred without any loss in salary, benefits, 1 or accrued years of service. 2 8. A person licensed as a barber as of July 1, 2022, shall 3 be considered to be a person licensed to practice barbering 4 pursuant to chapter 158, Code 2022, and shall be issued a 5 license to practice barbering upon the expiration of the 6 person’s barbering license. 7 9. A person currently enrolled in a barbering school in a 8 course of study requiring at least two thousand one hundred 9 hours of instruction must complete the course of study by 10 August 1, 2023. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to the practices of barbering and 15 cosmetology. The bill merges the boards of cosmetology 16 arts and sciences and barbering into the board of barbering 17 and cosmetology arts and sciences, repeals Code chapter 158 18 governing barbering, and makes conforming Code changes. The 19 bill gives the board of barbering and cosmetology arts and 20 sciences all of the powers and responsibilities of the prior 21 boards. The bill provides that current members of the boards 22 of barbering and cosmetology arts and sciences shall become 23 members of the merged board until their terms otherwise expire 24 or they are otherwise replaced. The bill also provides that 25 the current rules of both boards shall remain in effect until 26 the board of barbering and cosmetology arts and sciences 27 amends, rescinds, or supplements the rules, or the rules expire 28 by their own terms. The bill grants the board of barbering, 29 the board of cosmetology arts and sciences, and the board 30 of barbering and cosmetology arts and sciences emergency 31 rulemaking authority to implement the provisions of the bill. 32 The bill also provides other transition provisions. 33 The bill changes the definition of “cosmetology” by removing 34 arranging, braiding, and dressing of hair. The bill adds 35 -11- LSB 6272HV (1) 89 ss/rh 11/ 13
H.F. 2576 definitions of “barber” and “barbering” consistent with the 1 definitions found in Code chapter 158 (barbering). The bill 2 repeals the definition of the term “salon” and defines the term 3 “establishment” as a fixed place or a place that is readily 4 movable where one or more persons engage in the practice of 5 barbering or cosmetology arts and sciences. 6 The bill directs the board of barbering and cosmetology 7 arts and sciences to adopt rules for the licensure of persons 8 who perform the practice of barbering, which shall include a 9 course of study of at least 2,100 hours of instruction. The 10 bill allows licensed barbers to perform shaving or trimming for 11 hair removal by the use of a straight edge razor and directs 12 the board to adopt rules for the provision of such services by 13 a cosmetologist with appropriate training. 14 The bill allows a school of barbering and cosmetology 15 arts and sciences to be used for purposes other than student 16 instruction so long as the other activities do not disrupt 17 classes. 18 The bill removes manicuring and pedicuring from the required 19 course of study for licensure as a cosmetologist. 20 The bill requires an establishment to be inspected at 21 least once every five years and at the time of opening of the 22 establishment and allows an establishment to be inspected upon 23 receipt of a complaint by the department of public health. 24 The bill moves responsibility for conducting inspections from 25 the department of inspections and appeals to the department 26 of public health and directs the board to adopt rules for the 27 administration of inspections, which shall include fees to 28 cover the costs of inspections. 29 The bill allows a licensee to practice barbering or 30 cosmetology arts and sciences at a location that is not a 31 licensed establishment or a school of barbering and cosmetology 32 arts and sciences if the board issues an event services permit 33 to the licensee pursuant to rules of the board. The bill 34 also allows a licensee to practice in the home of a customer 35 -12- LSB 6272HV (1) 89 ss/rh 12/ 13
H.F. 2576 pursuant to rules of the board. 1 -13- LSB 6272HV (1) 89 ss/rh 13/ 13
feedback