Bill Text: IA HF695 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the practice of barbering and cosmetology arts and sciences and providing transition provisions. (Formerly HSB 231.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-04-27 - Referred to State Government. H.J. 1076. [HF695 Detail]
Download: Iowa-2019-HF695-Introduced.html
House
File
695
-
Introduced
HOUSE
FILE
695
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
231)
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
1681HV
(1)
88
ss/lh
H.F.
695
Section
1.
Section
10A.104,
subsection
14,
Code
2019,
is
1
amended
to
read
as
follows:
2
14.
Administer
inspections
of
cosmetology
salons
under
3
section
157.7
and
barbershops
under
section
158.6
chapter
157
.
4
Sec.
2.
Section
147.13,
subsection
11,
Code
2019,
is
amended
5
to
read
as
follows:
6
11.
For
cosmetology
arts
and
sciences,
the
board
of
7
barbering
and
cosmetology
arts
and
sciences.
8
Sec.
3.
Section
147.13,
subsection
12,
Code
2019,
is
amended
9
by
striking
the
subsection.
10
Sec.
4.
Section
147.14,
subsection
1,
paragraphs
a
and
n,
11
Code
2019,
are
amended
by
striking
the
paragraphs.
12
Sec.
5.
Section
147.14,
subsection
1,
Code
2019,
is
amended
13
by
adding
the
following
new
paragraph:
14
NEW
PARAGRAPH
.
x.
For
barbering
and
cosmetology
arts
and
15
sciences,
three
members
who
are
licensed
cosmetologists;
three
16
members
who
are
licensed
to
practice
barbering
and
hairstyling;
17
one
member
who
is
a
licensed
electrologist,
esthetician,
or
18
nail
technologist;
one
member
who
is
a
licensed
instructor
of
19
cosmetology
arts
and
sciences
or
hairstyling
at
a
public
or
20
private
school
and
who
does
not
own
a
school
of
cosmetology
21
arts
and
sciences;
and
four
members
who
are
not
licensed
to
22
practice
barbering
and
hairstyling
or
licensed
in
a
practice
23
of
cosmetology
arts
and
sciences
and
who
shall
represent
the
24
general
public.
25
Sec.
6.
Section
147.76,
Code
2019,
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
2019,
is
amended
by
adding
the
32
following
new
subsections:
33
NEW
SUBSECTION
.
001.
“Barber
and
hairstylist”
means
a
34
person
who
performs
the
practice
of
barbering
and
hairstyling,
35
-1-
LSB
1681HV
(1)
88
ss/lh
1/
11
H.F.
695
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
.
01.
“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,
arranging,
14
dressing,
curling,
blow
waving,
hair
relaxing,
bleaching
or
15
coloring
the
hair,
or
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
.
14A.
“Hairstyling”
means
curling,
waving,
21
press
and
curl
hair
straightening,
shampooing,
cutting,
22
singeing,
bleaching,
coloring,
or
similar
works,
upon
the
hair
23
on
the
head
of
any
person,
or
upon
a
wig
or
hairpiece
when
done
24
in
conjunction
with
haircutting
or
styling
by
any
means.
25
Sec.
8.
Section
157.1,
subsection
1,
Code
2019,
is
amended
26
to
read
as
follows:
27
1.
“Board”
means
the
board
of
barbering
and
cosmetology
arts
28
and
sciences.
29
Sec.
9.
Section
157.1,
subsection
5,
paragraph
a,
Code
2019,
30
is
amended
to
read
as
follows:
31
a.
Arranging,
braiding,
dressing,
Hairstyling,
including
32
curling,
waving,
press
and
curl
hair
straightening,
shampooing,
33
cutting,
singeing,
bleaching,
coloring,
or
similar
works,
upon
34
the
hair
of
any
person,
or
upon
a
wig
or
hairpiece
when
done
in
35
-2-
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1681HV
(1)
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2/
11
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695
conjunction
with
haircutting
or
hairstyling
by
any
means.
1
Sec.
10.
Section
157.1,
subsection
5,
Code
2019,
is
amended
2
by
adding
the
following
new
paragraphs:
3
NEW
PARAGRAPH
.
f.
Esthetics.
4
NEW
PARAGRAPH
.
g.
Manicuring.
5
NEW
PARAGRAPH
.
h.
Barbering.
6
Sec.
11.
Section
157.1,
subsection
6,
Code
2019,
is
amended
7
by
adding
the
following
new
paragraph:
8
NEW
PARAGRAPH
.
f.
Hairstyling.
9
Sec.
12.
Section
157.1,
subsection
26,
Code
2019,
is
amended
10
to
read
as
follows:
11
26.
“Salon”
means
a
fixed
establishment
or
place
,
or
an
12
establishment
that
is
readily
movable
which
either
operates
up
13
to
three
consecutive
days
at
one
location
or
returns
to
a
home
14
base
at
the
end
of
the
day,
where
one
or
more
persons
engage
15
in
the
practice
of
cosmetology
arts
and
sciences,
including,
16
but
not
limited
to,
a
retail
establishment
where
cosmetologists
17
engage
a
person
engages
in
the
practice
of
cosmetology
arts
and
18
sciences.
19
Sec.
13.
Section
157.2,
subsection
1,
paragraphs
b
and
h,
20
Code
2019,
are
amended
by
striking
the
paragraphs.
21
Sec.
14.
Section
157.2,
subsection
2,
Code
2019,
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.
15.
Section
157.3,
subsection
2,
Code
2019,
is
amended
29
to
read
as
follows:
30
2.
Notwithstanding
subsection
1
and
sections
147.44,
31
147.48,
and
147.49
,
a
person
who
completes
the
application
32
form
prescribed
by
the
board
and
who
submits
satisfactory
33
proof
of
having
been
licensed
in
a
practice
of
the
cosmetology
34
arts
and
sciences
in
another
state
for
at
least
twelve
months
35
-3-
LSB
1681HV
(1)
88
ss/lh
3/
11
H.F.
695
in
the
twenty-four
month
period
preceding
the
submission
of
1
the
application
shall
be
allowed
to
take
the
examination
for
2
granted
a
license
to
practice
the
appropriate
practice
of
3
the
cosmetology
arts
and
sciences.
However,
the
examination
4
requirement
shall
be
waived
for
those
persons
who
submit
5
evidence
of
licensure
in
another
state
which
has
a
reciprocal
6
agreement
with
the
state
of
Iowa
under
sections
147.44
,
147.48
,
7
and
147.49
.
8
Sec.
16.
Section
157.3,
Code
2019,
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.
17.
Section
157.7,
Code
2019,
is
amended
to
read
as
18
follows:
19
157.7
Inspectors
and
clerical
assistants.
20
1.
The
department
of
inspections
and
appeals
shall
21
employ
personnel
pursuant
to
chapter
8A,
subchapter
IV
,
to
22
perform
duties
related
to
inspection
functions
under
this
23
chapter
.
The
department
of
inspections
and
appeals
shall,
when
24
possible,
integrate
inspection
efforts
under
this
chapter
with
25
inspections
conducted
under
chapter
158
.
26
2.
The
Iowa
department
of
public
health
may
employ
clerical
27
assistants
pursuant
to
chapter
8A,
subchapter
IV
,
to
administer
28
and
enforce
this
chapter
.
The
costs
and
expenses
of
the
29
clerical
assistants
shall
be
paid
from
funds
appropriated
to
30
the
department
of
public
health.
31
Sec.
18.
Section
157.8,
subsection
2,
paragraph
c,
Code
32
2019,
is
amended
by
striking
the
paragraph.
33
Sec.
19.
Section
157.8,
subsection
3,
paragraph
c,
Code
34
2019,
is
amended
to
read
as
follows:
35
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695
c.
A
person
employed
as
an
instructor
in
the
cosmetology
1
arts
and
sciences
by
a
licensed
school
shall
be
licensed
in
2
the
practice
and
shall
possess
a
separate
instructor’s
license
3
which
shall
be
renewed
biennially.
An
instructor
shall
file
4
an
application
with
the
department
on
forms
prescribed
by
the
5
board.
Requirements
for
licensure
as
an
instructor
shall
be
6
determined
by
the
board
by
rule.
The
board
shall
not
require
7
an
applicant
for
licensure
as
an
instructor
to
obtain
any
8
additional
training
hours
beyond
the
hours
required
for
a
9
license
to
practice
cosmetology
arts
and
sciences
in
order
to
10
receive
an
instructor’s
license.
11
Sec.
20.
Section
157.9,
Code
2019,
is
amended
to
read
as
12
follows:
13
157.9
License
suspension
and
revocation.
14
Any
license
issued
by
the
department
under
the
provisions
15
of
this
chapter
may
be
suspended,
revoked,
or
renewal
denied
16
by
the
board
for
violation
of
any
provision
of
this
chapter
17
or
chapter
158
or
rules
promulgated
by
the
board
under
the
18
provisions
of
chapter
17A
.
19
Sec.
21.
Section
157.10,
subsections
1
and
3,
Code
2019,
are
20
amended
to
read
as
follows:
21
1.
a.
The
course
of
study
required
for
licensure
for
the
22
practice
of
cosmetology
shall
be
two
thousand
one
hundred
clock
23
hours,
or
seventy
semester
credit
hours
or
the
equivalent
24
thereof
as
determined
pursuant
to
administrative
rule
and
25
regulations
promulgated
by
the
United
States
department
of
26
education.
The
clock
hours,
and
equivalent
number
of
semester
27
credit
hours
or
the
equivalent
thereof
as
determined
pursuant
28
to
administrative
rule
and
regulations
promulgated
by
the
29
United
States
department
of
education,
of
a
course
of
study
30
required
for
licensure
for
the
practices
of
electrology,
31
esthetics,
nail
technology,
manicuring,
and
pedicuring
shall
32
be
established
by
the
board.
The
board
shall
adopt
rules
to
33
define
the
course
and
content
of
study
for
each
practice
of
34
cosmetology
arts
and
sciences.
35
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b.
The
course
of
study
required
for
licensure
which
is
1
limited
to
the
practice
of
esthetics
shall
be
six
hundred
2
hours.
3
c.
The
course
of
study
required
for
licensure
which
is
4
limited
to
the
practice
of
manicuring
shall
be
three
hundred
5
twenty-five
hours.
6
3.
A
barber
licensed
under
chapter
158
or
a
student
in
7
a
barber
school
who
applies
for
licensure
in
a
practice
of
8
cosmetology
arts
and
sciences
or
who
enrolls
in
a
school
9
of
cosmetology
arts
and
sciences
shall
be
granted,
at
the
10
discretion
of
the
school,
at
least
half
credit
and
up
to
full
11
credit
for
each
course
successfully
completed
for
licensure
12
as
a
barber
which
meets
the
requirements
for
licensure
in
a
13
practice
of
cosmetology
arts
and
sciences.
14
Sec.
22.
NEW
SECTION
.
157.10A
Course
of
study
——
barbering
15
and
hairstyling.
16
The
course
of
study
required
for
a
license
to
practice
17
barbering
and
hairstyling
shall
be
one
thousand
five
hundred
18
hours
or
an
equivalent
number
of
semester
credit
hours
or
the
19
equivalent
thereof.
Nothing
in
this
section
shall
restrict
the
20
practice
of
barbering
or
hairstyling
by
a
cosmetologist.
21
Sec.
23.
Section
157.13,
subsection
1,
unnumbered
paragraph
22
1,
Code
2019,
is
amended
to
read
as
follows:
23
It
is
unlawful
for
a
person
to
employ
an
individual
to
24
practice
cosmetology
arts
and
sciences
unless
that
individual
25
is
licensed
or
has
obtained
a
temporary
permit
under
this
26
chapter
.
It
is
unlawful
for
a
licensee
to
practice
with
or
27
without
compensation
in
any
place
other
than
a
licensed
salon,
28
or
a
licensed
school
of
cosmetology
arts
and
sciences
,
or
a
29
licensed
barbershop
as
defined
in
section
158.1
.
The
following
30
exceptions
to
this
subsection
shall
apply:
31
Sec.
24.
Section
261.9,
subsection
3,
paragraph
b,
Code
32
2019,
is
amended
to
read
as
follows:
33
b.
Is
a
barber
school
licensed
under
section
158.7
or
34
a
school
of
cosmetology
arts
and
sciences
licensed
under
35
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695
chapter
157
and
is
accredited
by
a
national
accrediting
agency
1
recognized
by
the
United
States
department
of
education.
For
2
the
fiscal
year
beginning
July
1,
2017,
an
eligible
institution
3
under
this
paragraph
shall
provide
a
matching
aggregate
amount
4
of
institutional
financial
aid
equal
to
at
least
seventy-five
5
percent
of
the
amount
received
by
the
institution’s
students
6
for
Iowa
tuition
grant
assistance
under
section
261.16A
.
7
For
the
fiscal
year
beginning
July
1,
2018,
the
institution
8
shall
provide
a
matching
aggregate
amount
of
institutional
9
financial
aid
equal
to
at
least
eighty-five
percent
of
the
10
amount
received
in
that
fiscal
year.
Commencing
with
the
11
fiscal
year
beginning
July
1,
2019,
and
each
succeeding
fiscal
12
year,
the
matching
aggregate
amount
of
institutional
financial
13
aid
shall
be
at
least
equal
to
the
match
provided
by
eligible
14
institutions
under
paragraph
“a”
.
15
Sec.
25.
Section
261B.11,
subsection
1,
paragraph
i,
Code
16
2019,
is
amended
to
read
as
follows:
17
i.
Postsecondary
educational
institutions
licensed
by
18
the
state
of
Iowa
under
section
157.8
or
158.7
chapter
157
19
to
operate
as
schools
of
cosmetology
arts
and
sciences
or
as
20
barber
schools
in
the
state.
21
Sec.
26.
Section
272C.1,
subsection
6,
paragraph
g,
Code
22
2019,
is
amended
to
read
as
follows:
23
g.
The
board
of
barbering
and
cosmetology
arts
and
sciences
,
24
created
pursuant
to
chapter
147
.
25
Sec.
27.
Section
272C.1,
subsection
6,
paragraph
i,
Code
26
2019,
is
amended
by
striking
the
paragraph.
27
Sec.
28.
Section
714.25,
subsection
2,
unnumbered
paragraph
28
1,
Code
2019,
is
amended
to
read
as
follows:
29
A
proprietary
school
shall,
prior
to
the
time
a
student
30
is
obligated
for
payment
of
any
moneys,
inform
the
student,
31
the
college
student
aid
commission,
and
in
the
case
of
a
32
school
licensed
under
section
157.8
,
the
board
of
barbering
33
and
cosmetology
arts
and
sciences
or
in
the
case
of
a
school
34
licensed
under
section
158.7
,
the
board
of
barbering,
of
all
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of
the
following:
1
Sec.
29.
REPEAL.
Chapter
158,
Code
2019,
is
repealed.
2
Sec.
30.
EMERGENCY
RULES.
The
board
of
cosmetology
arts
3
and
sciences,
board
of
barbering,
and
board
of
barbering
and
4
cosmetology
arts
and
sciences
may
adopt
emergency
rules
under
5
section
17A.4,
subsection
3,
and
section
17A.5,
subsection
2,
6
paragraph
“b”,
to
implement
the
provisions
of
this
Act
and
7
the
rules
shall
be
effective
immediately
upon
filing
unless
8
a
later
date
is
specified
in
the
rules.
Any
rules
adopted
9
in
accordance
with
this
section
shall
also
be
published
as
a
10
notice
of
intended
action
as
provided
in
section
17A.4.
11
Sec.
31.
TRANSITION
PROVISIONS.
12
1.
a.
The
merger
of
the
boards
of
barbering
and
cosmetology
13
arts
and
sciences
in
this
Act
shall
not
affect
the
appointment
14
or
any
term
of
office
of
a
member
of
either
board
prior
to
the
15
effective
date
of
this
Act.
A
member
of
the
board
of
barbering
16
or
the
board
of
cosmetology
arts
and
sciences
shall
continue
to
17
serve
until
the
member’s
term
expires
or
the
member
ceases
to
18
hold
office,
whichever
first
occurs.
19
b.
The
initial
membership
of
the
board
of
barbering
and
20
cosmetology
arts
and
sciences
shall
consist
of
all
members
21
of
the
boards
of
barbering
and
cosmetology
arts
and
sciences
22
serving
on
the
effective
date
of
this
Act.
23
2.
A
rule
adopted
by
the
board
of
cosmetology
arts
and
24
sciences
or
board
of
barbering
that
is
in
force
and
effect
25
immediately
prior
to
the
effective
date
of
this
Act
shall
26
continue
in
full
force
and
effect
until
the
earlier
of
the
27
following:
28
a.
The
rule
is
amended,
rescinded,
or
supplemented
by
the
29
affirmative
action
of
the
board
of
barbering
and
cosmetology
30
arts
and
sciences.
31
b.
The
rule
expires
by
its
own
terms.
32
3.
Any
license
or
permit
issued
by
the
board
of
cosmetology
33
arts
and
sciences
or
board
of
barbering
in
effect
on
the
34
effective
date
of
this
Act
shall
continue
in
full
force
and
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effect
until
expiration
or
renewal.
1
4.
Any
funds
in
any
account
or
fund
of
the
board
of
2
cosmetology
arts
and
sciences
or
board
of
barbering
shall
3
be
transferred
to
the
control
of
the
board
of
barbering
and
4
cosmetology
arts
and
sciences.
5
5.
Any
cause
of
action,
statute
of
limitation,
or
6
administrative
action
relating
to
or
initiated
by
the
board
of
7
cosmetology
arts
and
sciences
or
board
of
barbering
shall
not
8
be
affected
as
a
result
of
this
Act
and
shall
apply
to
the
board
9
of
barbering
and
cosmetology
arts
and
sciences.
10
6.
All
client
and
organizational
files
in
the
possession
11
of
the
board
of
cosmetology
arts
and
sciences
or
board
of
12
barbering
shall
become
the
property
of
the
board
of
barbering
13
and
cosmetology
arts
and
sciences.
14
7.
Any
personnel
in
the
state
merit
system
of
employment
15
who
are
mandatorily
transferred
due
to
the
effect
of
this
Act
16
shall
be
so
transferred
without
any
loss
in
salary,
benefits,
17
or
accrued
years
of
service.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
the
practices
of
barbering
and
22
cosmetology.
The
bill
merges
the
boards
of
cosmetology
23
arts
and
sciences
and
barbering
into
the
board
of
barbering
24
and
cosmetology
arts
and
sciences,
repeals
Code
chapter
25
158
governing
barbering,
and
makes
conforming
changes.
The
26
bill
gives
the
board
of
barbering
and
cosmetology
arts
and
27
sciences
all
of
the
powers
and
responsibilities
of
the
prior
28
boards.
The
bill
provides
that
current
members
of
the
boards
29
of
barbering
and
cosmetology
arts
and
sciences
shall
become
30
members
of
the
merged
board
until
their
terms
otherwise
expire
31
or
they
are
otherwise
replaced.
The
bill
also
provides
that
32
the
current
rules
of
both
boards
shall
remain
in
effect
until
33
the
board
of
barbering
and
cosmetology
arts
and
sciences
34
amends,
rescinds,
or
supplements
the
rules,
or
the
rules
expire
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by
their
own
terms.
The
bill
grants
the
board
of
barbering,
1
the
board
of
cosmetology
arts
and
sciences,
and
the
board
2
of
barbering
and
cosmetology
arts
and
sciences
emergency
3
rulemaking
authority
to
implement
the
provisions
of
the
bill.
4
The
bill
also
provides
other
transition
provisions.
5
The
bill
changes
the
definition
of
“cosmetology”
by
6
removing
arranging,
braiding,
and
dressing
of
hair.
The
bill
7
adds
esthetics,
manicuring,
and
barbering
to
the
practices
8
encompassed
within
the
definition
of
“cosmetology”.
9
The
bill
sets
the
training
requirements
for
a
license
to
10
practice
esthetics
to
600
hours
and
the
training
requirements
11
for
a
license
to
practice
manicuring
to
325
hours.
12
The
bill
prohibits
the
board
of
barbering
and
cosmetology
13
arts
and
sciences
from
requiring
additional
training
for
14
licensed
cosmetologists
who
seek
to
become
licensed
cosmetology
15
instructors.
16
The
bill
requires
the
board
of
barbering
and
cosmetology
17
arts
and
sciences
to
grant
an
Iowa
license
to
practice
a
18
cosmetology
art
or
science
to
a
person
who
presents
evidence
of
19
having
had
an
equivalent
license
in
another
state
for
at
least
20
12
of
the
last
24
months.
21
The
bill
also
directs
the
board
of
barbering
and
cosmetology
22
arts
and
sciences
to
adopt
rules
for
the
licensure
of
persons
23
who
practice
barbering
and
hairstyling.
Under
current
24
law,
cosmetologists
and
barbers
may
both
provide
services
25
that
include
hairstyling.
The
bill
preserves
the
ability
26
of
cosmetologists
to
provide
such
services
and
instructs
27
the
board
to
create
a
new
license
permitting
barbering
and
28
hairstyling
licensees
to
provide
only
barbering
and
hairstyling
29
services.
The
bill
provides
a
definition
of
hairstyling
and
30
adds
hairstyling
to
the
list
of
cosmetology
arts
and
sciences
31
disciplines.
32
The
bill
also
provides
for
the
development
of
a
process
33
for
the
licensure
of
persons
who
provide
both
hairstyling
and
34
barbering
services
but
who
do
not
practice
any
of
the
other
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