Bill Text: IA SF41 | 2025-2026 | 91st General Assembly | Introduced


Bill Title: A bill for an act relating to a barbering and cosmetology establishment training program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-16 - Subcommittee: Schultz, Rozenboom, and Winckler. S.J. 107. [SF41 Detail]

Download: Iowa-2025-SF41-Introduced.html
Senate File 41 - Introduced SENATE FILE 41 BY GREEN 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 2099XS (1) 91 ss/ko
S.F. 41 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 -1- LSB 2099XS (1) 91 ss/ko 1/ 4
S.F. 41 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 -2- LSB 2099XS (1) 91 ss/ko 2/ 4
S.F. 41 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- LSB 2099XS (1) 91 ss/ko 3/ 4
S.F. 41 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 -4- LSB 2099XS (1) 91 ss/ko 4/ 4
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