HF 652 — A bill for an act relating to the practice of barbering and cosmetology arts and sciences and providing transition provisions.

Section 157.2, subsection 1, paragraphs b and h.h, Code 2023, are amended by striking the paragraphs.

Code 2023, are amended by striking the paragraphs.

Section 157.2, subsection 1, paragraphs c and e.e, Code 2023, are amended to read as follows:

Code 2023, are amended to read as follows:

Students enrolled in licensed schools of barbering and cosmetology arts and sciences or barber ochooloschools who are practicing under the instruction or immediate supervision of aan niinstructor. n s t r u c t o r .

Employees of hospitals, health care facilities, orphans'orphans’ homes, juvenile homes, and other similar facilities who perform barbering and cosmetology services for any resident without receiving direct compensation from the person receiving the sservice. e r v i c e .

Section 157.2, subsection 2, Code 2023, is amended tto orread eas aafollows: sf o l l o w s :

Cosmetologists and barbers shall not represent themselves to the public as electrologists, estheticians, or nail technologists unless the cosmetologist or barber has completed the additional course of study for the respective practice as prescribed by the board pursuant to section 157.10.

Section 157.3, subsection 1, unnumbered paragraph ,1, Code 2023, is amended to read as follows:

Section 157.3, subsection 1, paragraphs a and c.c, Code 2023, are amended to read as follows:

Code 2023, are amended to read as follows:

However, a member of the board who is a licensed instructor of barbering and cosmetology arts and sciences shall not be involved in the selection or aadministration dof mthe iexam. n i s t o ft h e e x a m .

Section 157.3, subsection 2, Code 2023, is amended tto orread eas aafollows: sf o l l o w s :

Notwithstanding subsection 11, , a person who completes the application form prescribed by the board and who submits satisfactory proof of having been licensed in a practice of the barbering and cosmetology arts and sciences in another state for at least twelve months in the twenty-four month period preceding the submission of the application shall be allowed to take the examination for a license to practice the appropriate practice of the barbering and cosmetology arts and sciences.

Section 157.3A, subsection 2, paragraphs a and b.b, Code 2023, are amended to read as follows:

Code 2023, are amended to read as follows:

A cosmetologist or barber who is licensed after July 1, 2005, shall not be eligible to provide chemical peels, practice microdermabrasion procedures, use certified laser products, or use an intense pulsed light device ffor ohair hremoval. a i r e m o v a l .

b,b. A licensed cosmetologist or barber who applies permanent House File 652, p.

A licensed cosmetologist or barber who applies permanent House File 652, p.

21,21. Section 157.3A, subsection 4, Code 2023, is amended t or e aa sf o l l o w s :

Section 157.3A, subsection 4, Code 2023, is amended to read as follows:

NEW SUBSECTION.SUBSECTION .

The board shall not require a cosmetologist or barber to complete more than forty clock hours of training to receive a ccertification eunder rthis tsubsection. i f i cunderit h i s s u b s e c t i o n .

Section 157.4, subsection 1, Code 2023, is amended tto orread eas aafollows: s f o l l o w s :

The department may issue a temporary permit which allows the applicant to practice in the barteringbarbering and cosmetology arts and sciences for purposes determined by rule.

Section 157.4, subsection 3, unnumbered paragraph ,1, Code 2023, is amended to read as follows:

Section 157.4, subsection 3, paragraphs aa, , b, and House File 652, p.

7 g.g, Code 2023, are amended to read as follows:

Code 2023, are amended to read as follows:

g,g. A person providing barbering and cosmetology arts and sciences services at a not-for-profit event shall hold a current license to practice barbering and cosmetology arts and s c i e n c e s .

A person providing barbering and cosmetology arts and sciences services at a not-for-profit event shall hold a current license to practice barbering and cosmetology arts and sciences.

Section 157.4B, subsection 1, paragraph a.a, Code 2023, is amended to read as follows:

Code 2023, is amended to read as follows:

Section 157.5, subsection 1, unnumbered paragraph ,1, Code 2023, is amended to read as follows:

A licensed cosmetologist or barber,barber , esthetician, or electrologist who provides services relating to the use of a certified laser product, intense pulsed light device for hair removal, chemical peel, or microdermabrasion, shall obtain a consent in writing prior to the administration of the services.

Section 157.5, subsection 2, Code 2023, is amended tto orread eas aafollows: sf o l l o w s :

A licensed cosmetologist or barber,barber , esthetician, or electrologist who provides services related to the use of a certified laser product, intense pulsed light device for hair removal, chemical peel, or microdermabrasion, shall submit a report to the board within thirty days of any incident involving the provision of such services which results in physical injury requiring medical attention.

Section 157.6, Code 2023, is amended to read as ffollows: o l l o w s :

157.6 Sanitary rules ——— practice in the home.

The department shall prescribe sanitary rules for salons establishments and schools of barbering and cosmetology arts House File 552,652, p.

Section 157.7, subsection 11, , Code 2023, is amended tto orread eas aafollows: s f o l l o w s :

The department of inspoctionsinspections and appeals shall^shall, when possible»—integratepossible, integrate inspection efforts under this chapter with inspoctionsinspections conducted under chapter 158.

31,31. Section 157.8, subsection 1 , Code 2023, is amended t or e aa s f o l l o w s :

Section 157.8, subsection 1, Code 2023, is amended to read as follows:

Section 157.8, subsection 2, paragraph c.c, Code 2023, is amended by striking the paragraph.

Code 2023, is amended by striking the paragraph.

Section 157.8, subsection 2, paragraph d.d, Code 2023, is amended to read as follows:

Code 2023, is amended to read as follows:

34,34. Section 157.8, subsection 3, paragraph c.

Section 157.8, subsection 3, paragraph c, Code 2023, is amended to read as follows:

A person employed as an instructor in the barbering and cosmetology arts and sciences by a licensed school shall be licensed in the practice and shall possess a separate instructor'sinstructor’s license which shall be renewed biennially.

An House PileFile 652, p.

A school of barteringbarbering and cosmetology arts and sciences may be used for purposes other than student instruction so long as the other activities do not disrupt classes.

Section 157.9, Code 2023, is amended to read as ffollows: o l l o w s :

Section 157.10, Code 2023, is amended to read as ffollows: o l l o w s :

Thea. course of study required for licensure for the practice of barbering and cosmetology shall be two thousand one hundred clock hours» or seventy a minimum of one thousand five hundred fifty clock hours, or fifty-one semester credit hours or the equivalent thereof as determined pursuant to administrative rule and regulations promulgated by the United States department of education.

The clockcourse hours,of andstudy equivalentrequired numberfor oflicensure semesterfor creditthe hourspractice orof thebarbering equivalentand thereofcosmetology asshall determinedbe pursuanttwo tothousand administrativeone rulehundred andclock regulationshours, promulgatedor byseventy thea Unitedminimum Statesof departmentone ofthousand education,five ofhundred afifty courseclock ofhours, studyor requiredfifty-one forsemester licensurecredit forhours or the practicesequivalent ofthereof electrology,as anddetermined esthetics,pursuant nailto technologyxadministrative manicuring^rule and pedicuringregulations shallpromulgated be established by the board.United States department of education.

The clock hours, and equivalent number of semester credit hours or the equivalent thereof as determined pursuant to administrative rule and regulations promulgated by the United States department of education, of a course of study required for licensure for the practices of electrology, and esthetics, nail technology, manicuring, and pedicuring shall be established by the board.

The course of study required for licensure which is limited to the practice of esthetics shall be a minimum of six hhundred uhours. n d rh o u r s .

The course of study required for licensure which is House PileFile 652, p.

A barber licGnacdlicensed under chapter 158 or a student in a barber school who applies for licenaurelicensure in a practice of cosmetology arts and sciences or who enrolls in a school of barbering and cosmetology arts and sciences shall be granted, at the discretion of the school, at least half credit and up to full credit for each course successfully completed for licensure as a barber in the practice of barbering which meets the requirements for licensure in a practice of barbering and cosmetology arts and sciences.

Section 157.11, Code 2023, is amended to read as ffollows: o l l o w s :

A licensed school of barbering and cosmetology arts and sciences at which students practice barbering and cosmetology arts and sciences is exempt from licensing as a salon an eestablishment. s t a b l i s h m e n t .

Section 157.12, Code 2023, is amended to read as ffollows: o l l o w s ;

A person who directly supervises the work of practitioners of barbering and cosmetology arts and sciences shall be House PileFile 652, p.

11 licensed in the practice supervised or a barber liccnaGdlicensed under ssection e158.3. c t 1 5 8 .

3 .

A person engaged exclusively in the practice of blow-dry styling is not required to receive a license issued under section 1157.3. 5 7 .

3 .

For the purposes of this section, ^blow-dry“blow-dry styling''styling” means the practice of shampooing, conditioning, drying, arranging, curling, straightening or styling hair using only mechanical devices, hair sprays, and topical agents such as balms, oils and serums, and includes the use and styling of hair extensions, hair pieces and wigs.

'''Blow-dry“Blow-dry styling"styling” does not include cutting hair or the application of dyes, bleaches, reactive chemicals, keratin treatments, or other preparations tto ocolor colororor alter tthe hstructure eof shair. t r u c t h a i r .

Section 157.13, subsection 1, unnumbered paragraph ,1, Code 2023, is amended to read as follows:

It is unlawful for a person to employ an individual to practice barteringbarbering and cosmetology arts and sciences unless that individual is licensed or has obtained a temporary permit under this chapter.

It is unlawful for a licensee to practice with or without compensation in any place other than a licensed salon establishment, or a licensed school of barteringbarbering and cosmetology arts and sciences^sciences, or a licensed barbershop as defined in section 158.1.

Section 157.13, subsection 1, paragraphs a and b.b, Code 2023, are amended to read as follows:

Code 2023, are amended to read as follows:

A licensee may practice at a location which is not a licensed salon establishment, school of barteringbarbering and cosmetology arts and sciences, or licensed barbershop under House File 652, p.

12 extenuating circumstancGacircumstances arising from physical or mental disability or death of a customer pursuant to rules adopted by tthe hboard b o a r d .

Section 157.13, subsections 2 and 3, Code 2023, are aamended mto eread nas tfollows: o r e aa sf o l l o w s :

I2. t is unlawful for a liconaoG t o claim t o bo a liconood barber, however a A licensed cosmetologist may work in a licensed barbershop.

It is unlawful for a personlicensee to employclaim to be a licensed cosmetologist or barber, esthetician,however ora electrologistA tolicensed performcosmetologist themay serviceswork described in sectiona 157.3Alicensed ifbarbershop. the licensee has not received the additional training and met the other requirements specified in section 157.3A.

It is unlawful for a person to employ a licensed cosmetologist or barber , esthetician, or electrologist to perform the services described in section 157.3A if the licensee has not received the additional training and met the other requirements specified in section 157.3A.

It is unlawful for a person to practice in a salon aan n establishment which has been closed under this section.

Section 261.9, subsection 3, paragraph b.b, Code 2023, is amended to read as follows:

Codeb. 2023, is amended to read as follows:

bIs .a barber school licensed under section 158.7 or a school of barbering and cosmetology arts and sciences licensed under chapter 157 and is accredited by a national accrediting agency recognized by the United States department of education.

IFor sthe abarberfiscal syear cbeginning hJuly o1, o2017, lan leligible iinstitution under ssthis eparagraph cshall tprovide ia omatching naggregate 1amount 5of 8institutional .financial aid equal to at least seventy-five percent of the amount received by House File 652, p.

713 orthe ainstitution’s schoolstudents offor barberingIowa andtuition cosmetologygrant artsassistance and sciences licensed under chaptersection 157261.16A. and is accredited by a national accrediting agency recognized by the United States department of education.

For the fiscal year beginning July 1, 2017, an eligible institution under this paragraph shall provide a matching aggregate amount of institutional financial aid equal to at least seventy-five percent of the amount received by House Pile 652, p.

13 the institution's students for Iowa tuition grant assistance under section 261.16A.

Commencing with the fiscal year beginning July 1, 2019, and each succeeding fiscal year, the matching aggregate amount of institutional financial aid shall be at least equal to the match provided by eligible institutions under paragraph Sec.“a”.

Sec.

Section 261B.11, subsection 1, paragraph i.i, Code 2023, is amended to read as follows:

Code 2023, is amended to read as follows:

Postsecondary educational institutions licensed by the state of Iowa under section 157.0157.8 or 150.7158.7 chapter 157 to operate as schools of cosmetology arts and sciences or as barber sschools cin hthe ostate. o l t h e s t a t e .

Section 272C.1, subsection 6, paragraph g.g, Code 2023, is amended to read as follows:

Code 2023, is amended to read as follows:

The board of barbering and cosmetology arts and sciences,sciences , created pursuant to chapter 147.

Section 272C.1, subsection 6, paragraph i.i, Code 2023, is amended by striking the paragraph.

Code 2023, is amended by striking the paragraph.

The board of cosmetology arts and sciences, board of barbering, and board of barbering and cosmetology arts and sciences may adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph "b",“b”, to implement the provisions of this Act and the rules shall be effective immediately upon filing unless a later date is specified in the rules.

SSec. e c5 0 .

T50. R A N S IP R O V I S I O N S .

TRANSITION PROVISIONS.

A member of the board of barbering or the board of cosmetology arts and sciences shall continue to serve until the member'smember’s term expires, as calculated from the member'smember’s initial appointment to the board of barbering or board House File 652, p.

The rule is amended, rescinded, or supplemented by the affirmative action of the board of barbering and cosmetology aarts rand tasciences. n s c i e n c e s .

Any license or permit issued by the board of cosmetology arts and sciences or board of barbering in effect on the eeffective fdate fof ethis cAct tshall icontinue v e dt h i s A c t s h a l l c o n t i n u e in ffull uforce land l f o r c e a n d effect until expiration or renewal, except as provided in ssubsection u8. b s e c 8 .

o n 4.

15 cosmetology and shall be issued a license to practice barbering and cosmetology upon the expiration of the person'sperson’s barbering license.

______________________________ ______________________________ PAT GRASSLEyGRASSLEY AMY SINCLAIR Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 652, Ninetieth General Assembly,Assembly. mi ME9HAN NELSON C h i C l e o f t h H o u s e Approved I_ 9 ^| , 2023 K I R E Y N O L D S G o v e r n o r

______________________________ MEGHAN NELSON Chief Clerk of the House Approved _______________, 2023 ______________________________ KIM REYNOLDS Governor