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House
File
49
-
Introduced
HOUSE
FILE
49
BY
WULF
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
2099YH
(1)
91
ss/ko
H.F.
49
Section
1.
Section
157.2,
subsection
1,
Code
2025,
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
2025,
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.
NEW
SECTION
.
157.12D
Establishment
training
14
program.
15
1.
An
establishment
training
program
is
created.
The
16
board
shall
create
an
establishment
training
program
and
allow
17
establishments
to
register
to
participate
in
the
program.
An
18
establishment
licensed
pursuant
to
section
157.11,
including
19
an
establishment
operating
in
a
residence
pursuant
to
section
20
157.6
may
participate
in
the
program
by
registering
with
the
21
board.
22
2.
An
establishment
that
registers
with
the
board
may
employ
23
persons,
without
regard
to
the
person’s
licensure
status,
to
24
provide
the
services
of
shampooing,
cutting,
coloring,
and
25
styling
hair
under
the
supervision
of
a
licensee
who
regularly
26
provides
the
services.
A
person
providing
services
without
27
a
license
must
first
complete
two
hours
of
education
related
28
to
barbering
and
cosmetology
laws
in
this
state
and
rules
and
29
sanitation,
as
determined
by
the
board
by
rule,
before
offering
30
services
permitted
under
the
program.
The
establishment
owner
31
is
responsible
for
ensuring
the
education,
training,
skills,
32
and
competence
of
persons
who
provide
services
in
the
owner’s
33
establishment.
34
3.
An
establishment
participating
in
the
establishment
35
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2099YH
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49
training
program
shall
comply
with
all
facility
and
minimum
1
equipment
requirements,
safety
and
infection
control
2
provisions,
inspection
requirements,
management
requirements,
3
and
establishment
licensing
renewal
requirements.
The
4
department
shall
inspect
an
establishment
participating
in
the
5
program
as
the
department
deems
necessary
to
ensure
compliance
6
with
these
requirements.
7
4.
The
establishment
shall
disclose
in
writing
prior
to
8
the
consumer’s
receipt
of
services
from
an
unlicensed
provider
9
that
the
establishment
is
participating
in
the
program
and
10
that
the
provider
is
not
licensed.
The
disclosure
shall
be
11
clearly
legible
and
state:
“This
licensed
establishment
is
12
registered
to
participate
in
an
establishment
training
program.
13
This
establishment
employs
unlicensed
providers
who
work
under
14
the
supervision
of
licensed
providers.
The
services
you
are
15
receiving
are
from
an
unlicensed
provider
participating
in
this
16
program.”
17
5.
In
addition
to
any
other
remedy
provided
by
law,
in
18
an
action
based
on
an
injury
alleged
to
have
occurred
in
an
19
establishment
participating
in
the
establishment
training
20
program,
a
prevailing
party
may
recover
reasonable
attorney’s
21
fees
and
receive
other
equitable
relief
as
determined
by
the
22
court.
23
6.
In
addition
to
any
other
disciplinary
powers
established
24
pursuant
to
this
chapter,
the
board
may,
when
it
has
probable
25
cause
to
believe
that
human
health
is
endangered,
order
an
26
establishment
participating
in
the
program
to
immediately
cease
27
participation
in
the
program.
The
board
shall
conduct
formal
28
proceedings
pursuant
to
this
chapter
to
determine
whether
the
29
problem
has
been
corrected,
whether
to
suspend,
revoke,
or
30
reinstate
the
establishment’s
participation
in
the
program,
and
31
whether
to
suspend,
revoke,
or
reinstate
the
establishment’s
32
license.
33
7.
For
the
purposes
of
this
section,
“supervision”
means
34
within
the
physical
presence
of
a
licensee
and
the
licensee
is
35
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49
available
to
assist
in
providing
services.
1
Sec.
4.
Section
157.13,
subsection
1,
Code
2025,
is
amended
2
by
adding
the
following
new
paragraph:
3
NEW
PARAGRAPH
.
d.
When
the
practice
is
performed
by
a
4
person
without
a
license
under
the
supervision
of
a
licensee
in
5
an
establishment
registered
with
the
board
pursuant
to
section
6
157.12D.
7
Sec.
5.
Section
157.13,
subsection
4,
unnumbered
paragraph
8
1,
Code
2025,
is
amended
to
read
as
follows:
9
If
the
board
has
reasonable
grounds
to
believe
that
a
person
10
or
establishment
which
is
not
licensed
under
this
chapter
and
11
that
is
not
participating
in
an
establishment
training
program
12
pursuant
to
section
157.12D
has
engaged,
or
is
about
to
engage,
13
in
an
act
or
practice
which
requires
licensure
under
this
14
chapter
,
or
otherwise
violates
a
provision
of
this
chapter
,
the
15
board
may
issue
an
order
to
require
the
unlicensed
person
or
16
establishment
to
comply
with
the
provisions
of
this
chapter
,
17
and
may
impose
a
civil
penalty
not
to
exceed
one
thousand
18
dollars
for
each
violation
of
this
chapter
by
an
unlicensed
19
person
or
establishment.
Each
day
of
a
continued
violation
20
after
an
order
or
citation
by
the
board
constitutes
a
separate
21
offense,
with
the
maximum
penalty
not
to
exceed
ten
thousand
22
dollars.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
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-
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2099YH
(1)
91
ss/ko
3/
4
H.F.
49
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
owner’s
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
attorney’s
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
establishment’s
29
participation
in
the
program,
and
to
suspend,
revoke,
or
30
reinstate
the
establishment’s
license.
31
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