Bill Text: IA SF540 | 2021-2022 | 89th General Assembly | Amended


Bill Title: A bill for an act relating to the practice of barbering and cosmetology arts and sciences and providing transition provisions. (Formerly SF 164.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2022-03-30 - Subcommittee recommends passage. Vote Total: 3-0 [SF540 Detail]

Download: Iowa-2021-SF540-Amended.html
Senate File 540 - Reprinted SENATE FILE 540 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SF 164) (As Amended and Passed by the Senate March 10, 2021 ) 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 SF 540 (4) 89 ss/rh/mb
S.F. 540 Section 1. Section 10A.104, subsection 14, Code 2021, 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 2021, 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 2021, is amended 10 by striking the subsection. 11 Sec. 4. Section 147.14, subsection 1, paragraphs a and n, 12 Code 2021, are amended by striking the paragraphs. 13 Sec. 5. Section 147.14, subsection 1, Code 2021, 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 a practice of cosmetology arts and 24 sciences and who shall represent the general public. 25 Sec. 6. Section 147.76, Code 2021, 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 2021, 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- SF 540 (4) 89 ss/rh/mb 1/ 11
S.F. 540 or otherwise by the person’s 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 2021, 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 2021, 35 -2- SF 540 (4) 89 ss/rh/mb 2/ 11
S.F. 540 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 2021, 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 2021, is amended to read as follows: 11 e. Manicuring and pedicuring Hairstyling . 12 Sec. 12. Section 157.1, subsection 26, Code 2021, is amended 13 by striking the subsection. 14 Sec. 13. Section 157.1, subsection 27, Code 2021, is amended 15 to read as follows: 16 27. “School of barbering and cosmetology arts and sciences” 17 means an establishment operated for the purpose of teaching 18 cosmetology arts and sciences. 19 Sec. 14. Section 157.2, subsection 1, paragraphs b and h, 20 Code 2021, are amended by striking the paragraphs. 21 Sec. 15. Section 157.2, subsection 2, Code 2021, is amended 22 to read as follows: 23 2. Cosmetologists shall not represent themselves to the 24 public as electrologists, estheticians, or nail technologists 25 unless the cosmetologist has completed the additional course of 26 study for the respective practice as prescribed by the board 27 pursuant to section 157.10 . 28 Sec. 16. Section 157.3, subsection 1, paragraph a, Code 29 2021, is amended to read as follows: 30 a. Presents to the department a diploma, or similar 31 evidence, issued by a licensed school of barbering and 32 cosmetology arts and sciences indicating that the applicant 33 has completed the course of study for the appropriate practice 34 of the cosmetology arts and sciences prescribed by the board. 35 -3- SF 540 (4) 89 ss/rh/mb 3/ 11
S.F. 540 An applicant may satisfy this requirement upon presenting a 1 diploma or similar evidence issued by a school in another 2 state, recognized by the board, which provides instruction 3 regarding the practice for which licensure is sought, provided 4 that the course of study is equivalent to or greater in length 5 and scope than that required for a school in this state, and is 6 approved by the board. 7 Sec. 17. Section 157.3, Code 2021, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 3. The board shall adopt rules for the 10 licensure of persons who perform the practice of barbering 11 and hairstyling. A barber and hairstylist licensed pursuant 12 to this subsection shall not practice any cosmetology art or 13 science other than barbering and hairstyling. Nothing in 14 this subsection shall restrict the practice of barbering or 15 hairstyling by a cosmetologist. 16 Sec. 18. Section 157.3A, Code 2021, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 6. Shaving or trimming for hair removal by 19 the use of a straight edge razor shall only be performed by the 20 following persons: 21 a. A licensed barber and hairstylist. 22 b. A cosmetologist trained and certified in the use of a 23 straight edge razor in compliance with applicable rules of 24 the board. The board shall not require a cosmetologist to 25 complete more than forty clock hours of training to receive a 26 certification under this paragraph. 27 Sec. 19. Section 157.4, subsection 3, paragraph a, Code 28 2021, is amended to read as follows: 29 a. The permit shall be issued for a specific event and may 30 be issued to a salon an establishment , school of barbering and 31 cosmetology arts and sciences, or person. 32 Sec. 20. Section 157.6, Code 2021, is amended to read as 33 follows: 34 157.6 Sanitary rules —— practice in the home. 35 -4- SF 540 (4) 89 ss/rh/mb 4/ 11
S.F. 540 The department shall prescribe sanitary rules for salons 1 establishments and schools of cosmetology arts and sciences 2 which shall include the sanitary conditions necessary for 3 the practice of cosmetology arts and sciences and for the 4 prevention of infectious and contagious diseases. Subject 5 to local zoning ordinances, a salon an establishment may be 6 established in a residence if a room other than the living 7 quarters is equipped for that purpose. The department shall 8 enforce this section and make necessary inspections for 9 enforcement purposes. 10 Sec. 21. Section 157.7, subsection 1, Code 2021, is amended 11 to read as follows: 12 1. The department of inspections and appeals shall 13 employ personnel pursuant to chapter 8A, subchapter IV , to 14 perform duties related to inspection functions under this 15 chapter . The department of inspections and appeals shall, when 16 possible, integrate inspection efforts under this chapter with 17 inspections conducted under chapter 158 . 18 Sec. 22. Section 157.8, subsection 1, Code 2021, is amended 19 to read as follows: 20 1. It is unlawful for a school of barbering and cosmetology 21 arts and sciences to operate unless the owner has obtained 22 a license issued by the department. The owner shall file a 23 verified application with the department on forms prescribed 24 by the board. 25 Sec. 23. Section 157.8, subsection 2, paragraph c, Code 26 2021, is amended by striking the paragraph. 27 Sec. 24. Section 157.8, subsection 2, paragraph d, Code 28 2021, is amended to read as follows: 29 d. The school of barbering and cosmetology arts and sciences 30 must pass a sanitary inspection under section 157.6 . An annual 31 inspection of each school of barbering and cosmetology arts and 32 sciences, including the educational activities of each school, 33 shall be conducted and completed by the board or its designee 34 prior to renewal of the license. 35 -5- SF 540 (4) 89 ss/rh/mb 5/ 11
S.F. 540 Sec. 25. NEW SECTION . 157.8A Use of schools of barbering 1 and cosmetology arts and sciences. 2 A school of barbering and cosmetology arts and sciences may 3 be used for purposes other than student instruction during 4 scheduled instruction time and work experience time so long as 5 the other activities do not disrupt classes. The board shall 6 adopt rules for the implementation of this section. 7 Sec. 26. Section 157.9, Code 2021, is amended to read as 8 follows: 9 157.9 License suspension and revocation. 10 Any license issued by the department under the provisions 11 of this chapter may be suspended, revoked, or renewal denied 12 by the board for violation of any provision of this chapter 13 or chapter 158 or rules promulgated by the board under the 14 provisions of chapter 17A . 15 Sec. 27. Section 157.10, subsections 1 and 3, Code 2021, are 16 amended to read as follows: 17 1. a. The course of study required for licensure for the 18 practice of cosmetology shall be two thousand one hundred clock 19 hours, or seventy semester credit hours or the equivalent 20 thereof as determined pursuant to administrative rule and 21 regulations promulgated by the United States department of 22 education. The clock hours, and equivalent number of semester 23 credit hours or the equivalent thereof as determined pursuant 24 to administrative rule and regulations promulgated by the 25 United States department of education, of a course of study 26 required for licensure for the practices of electrology, 27 esthetics, and nail technology , manicuring, and pedicuring 28 shall be established by the board. The board shall adopt rules 29 to define the course and content of study for each practice of 30 cosmetology arts and sciences. 31 b. The course of study required for licensure which is 32 limited to the practice of esthetics shall be six hundred 33 hours. 34 c. The course of study required for licensure which is 35 -6- SF 540 (4) 89 ss/rh/mb 6/ 11
S.F. 540 limited to the practice of nail technology shall be three 1 hundred twenty-five hours. 2 3. A barber licensed under chapter 158 or a student in 3 a barber school who applies for licensure in a practice of 4 cosmetology arts and sciences or who enrolls in a school of 5 barbering and cosmetology arts and sciences shall be granted, 6 at the discretion of the school, at least half credit and 7 up to full credit for each course successfully completed for 8 licensure as a barber in the practice of barbering which meets 9 the requirements for licensure in a the practice of barbering 10 and hairstyling or the practice of cosmetology arts and 11 sciences. 12 Sec. 28. NEW SECTION . 157.10A Course of study —— barbering 13 and hairstyling. 14 The course of study required for a license to practice 15 barbering and hairstyling shall be one thousand five hundred 16 hours or an equivalent number of semester credit hours or the 17 equivalent thereof. Nothing in this section shall restrict the 18 practice of barbering or hairstyling by a cosmetologist. 19 Sec. 29. Section 157.11, Code 2021, 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 perform a sanitary inspection of 26 each salon establishment biennially and may perform a sanitary 27 inspection of a salon an establishment prior to the issuance of 28 a license. An inspection of a salon an establishment may also 29 be conducted upon receipt of a complaint by the department. 30 2. The application shall be accompanied by the biennial 31 license fee determined pursuant to section 147.80 . The license 32 is valid for two years and may be renewed. 33 3. A licensed school of cosmetology arts and sciences at 34 which students practice cosmetology arts and sciences is exempt 35 -7- SF 540 (4) 89 ss/rh/mb 7/ 11
S.F. 540 from licensing as a salon an establishment . 1 Sec. 30. Section 157.13, subsection 1, unnumbered paragraph 2 1, Code 2021, is amended to read as follows: 3 It is unlawful for a person to employ an individual to 4 practice cosmetology arts and sciences unless that individual 5 is licensed or has obtained a temporary permit under this 6 chapter . It is unlawful for a licensee to practice with 7 or without compensation in any place other than a licensed 8 salon establishment , or a licensed school of barbering and 9 cosmetology arts and sciences , or a licensed barbershop as 10 defined in section 158.1 . The following exceptions to this 11 subsection shall apply: 12 Sec. 31. Section 157.13, subsection 1, paragraph a, Code 13 2021, is amended to read as follows: 14 a. A licensee may practice at a location which is not 15 a licensed salon establishment , school of barbering and 16 cosmetology arts and sciences, or licensed barbershop under 17 extenuating circumstances arising from physical or mental 18 disability or death of a customer. 19 Sec. 32. Section 157.13, subsection 3, Code 2021, is amended 20 to read as follows: 21 3. If the owner or manager of a salon an establishment does 22 not comply with the sanitary rules adopted under section 157.6 23 or fails to maintain the salon establishment as prescribed by 24 rules of the department, the department may notify the owner 25 or manager in writing of the failure to comply. If the rules 26 are not complied with within five days after receipt of the 27 written notice by the owner or manager, the department shall in 28 writing order the salon establishment closed until the rules 29 are complied with. It is unlawful for a person to practice 30 in a salon an establishment which has been closed under this 31 section . The county attorney in each county shall assist the 32 department in enforcing this section . 33 Sec. 33. Section 261.9, subsection 3, paragraph b, Code 34 2021, is amended to read as follows: 35 -8- SF 540 (4) 89 ss/rh/mb 8/ 11
S.F. 540 b. Is a barber school licensed under section 158.7 or 1 a school of barbering and cosmetology arts and sciences 2 licensed under chapter 157 and is accredited by a national 3 accrediting agency recognized by the United States department 4 of education. For the fiscal year beginning July 1, 2017, 5 an eligible institution under this paragraph shall provide a 6 matching aggregate amount of institutional financial aid equal 7 to at least seventy-five percent of the amount received by 8 the institution’s students for Iowa tuition grant assistance 9 under section 261.16A . For the fiscal year beginning July 10 1, 2018, the institution shall provide a matching aggregate 11 amount of institutional financial aid equal to at least 12 eighty-five percent of the amount received in that fiscal year. 13 Commencing with the fiscal year beginning July 1, 2019, and 14 each succeeding fiscal year, the matching aggregate amount of 15 institutional financial aid shall be at least equal to the 16 match provided by eligible institutions under paragraph “a” . 17 Sec. 34. Section 261B.11, subsection 1, paragraph i, Code 18 2021, is amended to read as follows: 19 i. Postsecondary educational institutions licensed by 20 the state of Iowa under section 157.8 or 158.7 chapter 157 21 to operate as schools of cosmetology arts and sciences or as 22 barber schools in the state. 23 Sec. 35. Section 272C.1, subsection 6, paragraph g, Code 24 2021, is amended to read as follows: 25 g. The board of barbering and cosmetology arts and sciences , 26 created pursuant to chapter 147 . 27 Sec. 36. Section 272C.1, subsection 6, paragraph i, Code 28 2021, is amended by striking the paragraph. 29 Sec. 37. Section 714.25, subsection 2, unnumbered paragraph 30 1, Code 2021, is amended to read as follows: 31 A proprietary school shall, prior to the time a student 32 is obligated for payment of any moneys, inform the student, 33 the college student aid commission, and in the case of a 34 school licensed under section 157.8 , the board of barbering 35 -9- SF 540 (4) 89 ss/rh/mb 9/ 11
S.F. 540 and cosmetology arts and sciences or in the case of a school 1 licensed under section 158.7 , the board of barbering, of all 2 of the following: 3 Sec. 38. REPEAL. Chapter 158, Code 2021, is repealed. 4 Sec. 39. EMERGENCY RULES. The board of cosmetology arts 5 and sciences, board of barbering, and board of barbering and 6 cosmetology arts and sciences may adopt emergency rules under 7 section 17A.4, subsection 3, and section 17A.5, subsection 2, 8 paragraph “b”, to implement the provisions of this Act and 9 the rules shall be effective immediately upon filing unless 10 a later date is specified in the rules. Any rules adopted 11 in accordance with this section shall also be published as a 12 notice of intended action as provided in section 17A.4. 13 Sec. 40. TRANSITION PROVISIONS. 14 1. a. The merger of the boards of barbering and cosmetology 15 arts and sciences in this Act shall not affect the appointment 16 or any term of office of a member of either board prior to the 17 effective date of this Act. A member of the board of barbering 18 or the board of cosmetology arts and sciences shall continue to 19 serve until the member’s term expires or the member ceases to 20 hold office, whichever first occurs. 21 b. The initial membership of the board of barbering and 22 cosmetology arts and sciences shall consist of all members 23 of the boards of barbering and cosmetology arts and sciences 24 serving on the effective date of this Act. 25 2. A rule adopted by the board of cosmetology arts and 26 sciences or board of barbering that is in force and effect 27 immediately prior to the effective date of this Act shall 28 continue in full force and effect until the earlier of the 29 following: 30 a. The rule is amended, rescinded, or supplemented by the 31 affirmative action of the board of barbering and cosmetology 32 arts and sciences. 33 b. The rule expires by its own terms. 34 3. Any license or permit issued by the board of cosmetology 35 -10- SF 540 (4) 89 ss/rh/mb 10/ 11
S.F. 540 arts and sciences or board of barbering in effect on the 1 effective date of this Act shall continue in full force and 2 effect until expiration or renewal, except as provided in 3 subsection 8. 4 4. Any funds in any account or fund of the board of 5 cosmetology arts and sciences or board of barbering shall 6 be transferred to the control of the board of barbering and 7 cosmetology arts and sciences. 8 5. Any cause of action, statute of limitation, or 9 administrative action relating to or initiated by the board of 10 cosmetology arts and sciences or board of barbering shall not 11 be affected as a result of this Act and shall apply to the board 12 of barbering and cosmetology arts and sciences. 13 6. All client and organizational files in the possession 14 of the board of cosmetology arts and sciences or board of 15 barbering shall become the property of the board of barbering 16 and cosmetology arts and sciences. 17 7. Any personnel in the state merit system of employment 18 who are mandatorily transferred due to the effect of this Act 19 shall be so transferred without any loss in salary, benefits, 20 or accrued years of service. 21 8. A person licensed as a barber as of the July 1, 2021, 22 shall be considered to be a person licensed to practice 23 barbering and hairstyling and shall be issued a license to 24 practice barbering and hairstyling upon the expiration of the 25 person’s barbering license. Such a license shall permit such a 26 person to continue to practice barbering as provided in chapter 27 158, Code 2021. 28 9. A person currently enrolled in a barbering school in a 29 course of study requiring at least two thousand one hundred 30 hours of instruction must complete the course of study by 31 August 1, 2022. Each school of cosmetology arts and sciences 32 shall offer a course of study in barbering and hairstyling by 33 August 1, 2022. 34 -11- SF 540 (4) 89 ss/rh/mb 11/ 11
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