ARC 3558C

ARC 3558C

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 147.7, 147.76 and 157.14, the Board of Cosmetology Arts and Sciences hereby amends Chapter 60, "Licensure of Cosmetologists, Electrologists, Estheticians, Manicurists, Nail Technologists, and Instructors of Cosmetology Arts and Sciences," Chapter 61, "Licensure of Salons and Schools of Cosmetology Arts and Sciences," and Chapter 64, "Continuing Education for Cosmetology Arts and Sciences," Iowa Administrative Code.

This rule making provides clarity on the licensure procedures for practitioners and establishments. These amendments update language to reflect provisions in the Iowa Code, clarify licensure requirements and remove temporary-permit requirements. The amendments align posting requirements for schools with those of salons and update curriculum requirements to include online coursework and allowable excused absences. These amendments update language to reflect provisions in the Iowa Code related to compliance with continuing education requirements for active duty military and extend continuing education protocols to the spouse of an active duty military service person. These amendments reduce the number of continuing education hours from eight hours biennially to reflect the minimum of six hours required by Iowa Code section 272C.2A to be earned during the two years immediately prior to a licensee's license renewal. These amendments further update the required number of continuing education hours for consistency across chapters and remove outdated language.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3372C on October 11, 2017. A public hearing was held on October 31, 2017. No public comment was received. These amendments are identical to those published under Notice.

A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Division of Professional Licensure are subject to the waiver provisions in 645—Chapter 18.

The Board of Cosmetology Arts and Sciences adopted these amendments on December 4, 2017.

After analysis and review of this rule making, no impact on jobs has been found.

These amendments are intended to implement Iowa Code chapters 147, 157, and 272C.

These amendments will become effective February 7, 2018.

The following amendments are adopted.

Item 1. Amend subrule 60.2(1) as follows:

60.2(1) Requirements for licensure. All persons providing services in one or more cosmetology arts and sciences disciplines shall hold a license issued by the board. The applicant shall:

a. Submit a completed, board-approved application for licensure online at www.ibplicense.iowa.gov. Application Paper application forms may be obtained from the board's Web site website ( www.idph.state.ia.us/licensure) or directly from the board office. Completed paper applications and appropriate fees shall be sent to Board of Cosmetology Arts and Sciences, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075.

b. Direct the educational program to submit to the board a diploma or an official transcript indicating date of graduation and completion of grades required hours in each practice discipline for which the applicant is requesting licensure.

c.If the applicant graduated from a school that is not licensed by the board, the applicant shall direct the school to provide an official transcript showing completion of a course of study that meets the requirements of rule 645—61.14(157).

d.Foreign-trained applicants. If educated outside the United States, the applicant shall attach an original evaluation of the applicant's education from World Education Services (WES) or any other accredited evaluation service. An applicant may obtain an application for evaluation by contacting WES online at www.wes.org or at (212)966-6311, or by writing to WES, P.O. Box 5087, Bowling Green Station, New York, New York 10274-5087.

c. e.Examination requirements. Pass a national examination as prescribed by the board for the particular practice discipline with a score of 75 percent or greater.

(1)If applying for licensure by examination on or after January 1, 2008, submit the test registration and registration fee directly to the test service. The applicant shall submit the test registration fee directly to the test service PSI at www.psiexams.com. NIC examinations are administered according to guidelines set forth by the National-Interstate Council of State Boards of Cosmetology.

(2)If applying for licensure by endorsement, the applicant shall complete the requirements set forth in rule 645—60.7(157).

Item 2. Amend subrule 60.2(3) as follows:

60.2(3) Conditions. The following conditions apply for all cosmetology arts and sciences licenses.

a. Incomplete applications that have been on file in the board office for more than two years shall be considered invalid and shall be destroyed.

b. The licensure fee is nonrefundable.

c. Licensees who were issued their initial licenses within six months prior to the license renewal beginning date shall not be required to renew their licenses until the renewal month two years later.

d. Beginning April 1, 2008, a A new license granted by the board of cosmetology arts and sciences to an individual who holds multiple active licenses with the board shall have the same license expiration date as the licensee's existing license(s). If the licensee holds only one active license with the board, the license expiration date shall be in the current renewal period unless licensure is issued within six months of the end of the renewal cycle, in which case subrule 60.8(2) shall apply.

Item 3. Amend subrule 60.8(1) as follows:

60.8(1) Biennial license renewal period for a license to practice cosmetology arts and sciences.

a. Prior to April 1, 2008:

(1)The renewal period shall begin on April 1 of one year and end on March 31 two years later. All licensees shall renew on a biennial basis.

(2)The board shall send a renewal notice by regular mail to each licensee at the address on record at least 60 days prior to the expiration of the license.

(3)The licensee is responsible for renewing the license prior to its expiration. Failure of the licensee to receive the notice does not relieve the licensee of the responsibility for renewing the license.

b. Beginning April 1, 2008:

(1)A licensee who has a license due for renewal in an even-numbered year shall renew all active licenses with the board by April 1, 2008. If one or more licenses are due for renewal in an odd-numbered year, the renewal fee for those licenses shall be prorated. Such prorated license fees shall apply only during the April 1, 2008, renewal period.

(2) a.The renewal period shall begin on April 1 of one year and end on March 31 two years later. All licensees shall renew on a biennial basis.

(3) b.The board shall may send a renewal notice by regular mail to each licensee at the address on record at least 60 days prior to the expiration of the license.

(4) c.The licensee is responsible for renewing the license prior to its expiration. Failure of the licensee to receive the notice does not relieve the licensee of the responsibility for renewing the license.

(5) Licensees who renew their licenses one year early shall be subject to continuing education requirements by April 1, 2010. This extension does not apply to a license(s) originally scheduled for renewal on April 1, 2008.

(6) d.A new or reactivated license granted by the board to a licensee who holds a current license in another practice discipline in cosmetology shall have the same license expiration date as the licensee's other license(s). If the licensee does not have another active license with the board, the license expiration date shall be in the current renewal period unless the license is issued within six months of the end of the renewal cycle and subrule 60.8(2) applies.

Item 4. Amend subrule 60.8(3) as follows:

60.8(3) License renewal. A licensee seeking renewal shall:

a. Meet the continuing education requirements of rule 645—64.2(157). A licensee whose license was reactivated during the current renewal compliance period may use continuing education credit earned during the compliance period for the first renewal following reactivation; and

b. Submit the completed renewal application and renewal fee before the license expiration date.

c. Licensees currently licensed in Iowa but practicing exclusively in another state or serving honorably as active duty military or the spouse of active duty military service personnel may comply with Iowa continuing education requirements for license renewal by meeting the continuing education requirements of the state where the licensee practices. Those licensees living and practicing exclusively in a state which has no continuing education requirement for renewal of a license shall not be required to meet Iowa's continuing education requirement but shall pay all renewal fees when due.

Item 5. Rescind and reserve rule 645—60.9(157).

Item 6. Amend subparagraph 60.17(3)"a"(2) as follows:

(2)Verification of completion of 8 6 hours of continuing education that meet the continuing education standards defined in rule 645—64.3(157,272C) within two years of application for reactivation.

Item 7. Amend subparagraph 60.17(3)"b"(2) as follows:

(2)Verification of completion of 16 12 hours of continuing education that meet the continuing education standards defined in rule 645—64.3(157,272C) within two years of application for reactivation.

Item 8. Amend subrule 60.17(4) as follows:

60.17(4) Licensees who are instructors of cosmetology arts and sciences shall obtain an additional 8 6 hours of continuing education in teaching methodology as prescribed in 645—Chapter 64.

Item 9. Amend rule 645—61.1(157), definition of "Salon license," as follows:

"Salon license" means a license issued to an Iowa establishment licensed to provide cosmetology arts and sciences services to paying customers.

Item 10. Amend rule 645—61.2(157), introductory paragraph, as follows:

645—61.2(157) Salon licensing. No person shall operate a salon unless the owner has obtained a license issued by the board. A separate enclosed area inside a salon that is operated as an independent business for the purpose of providing cosmetology services shall be considered its own salon and shall not operate unless a salon license is obtained. To determine what defines an independent contractor versus an employee, persons should contact the Iowa division of labor services.

Item 11. Amend subrule 61.2(2) as follows:

61.2(2) Each salon shall meet the requirements for sanitary conditions established in 645—Chapter 63 to be eligible for licensing. The salon shall may be inspected for compliance with sanitation rules within 12 months following the issuance of the salon license.

Item 12. Amend subrule 61.2(3) as follows:

61.2(3) Business may commence at the salon following receipt activation of the license.

Item 13. Amend paragraph 61.2(6)"e" as follows:

e. The owner shall notify the board in writing of a change of name or address within 30 days after the occurrence and, in addition, shall return the current certificate and pay the reissued certificate fee as specified in rule 645—62.1(147,157) 645—5.5(147,157).

Item 14. Amend subrule 61.3(2) as follows:

61.3(2) A renewal of license application notice shall be electronically mailed to the owner of the salon at least 60 days prior to the expiration of the license. Failure to receive the renewal application notice shall not relieve the owner of the obligation to pay the biennial renewal fee on or before the renewal date.

Item 15. Amend subrule 61.3(6) as follows:

61.3(6) If the renewal fee and renewal application are postmarked received in the office after the license expiration date, but within 30 days following the expiration date, the late fee for failure to renew before expiration shall be charged.

Item 16. Rescind rule 645—61.7(157) and adopt the following new rule in lieu thereof:

645—61.7(157) Licensure for schools of cosmetology arts and sciences.

61.7(1) An application for a school license shall be submitted 90 days prior to the anticipated opening day of the school to the Board of Cosmetology Arts and Sciences, Iowa Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075. Prior to board review, the application shall include:

a. A complete plan of the physical facilities and an explanation detailing how the facilities will be utilized relative to classrooms, clinic space, and a mentoring program;

b. A list of the names of licensed instructors including the school director(s) for the proposed school if the instructors and school director(s) have been hired by the school at the time of application;

c. Copies of the catalog, brochure, enrollment contract, student policies, and cancellation and refund policies that will be used by the school or distributed by the school to students and the public; and

d. The school's course of study and curriculum, which shall meet the course of study requirements outlined in rule 645—61.14(157).

61.7(2) Prior to issuance of the school license, the school shall:

a. Submit a final list of licensed instructors and director(s) hired for the school. The number of instructors must meet the requirement outlined in Iowa Code section 157.8, with the exception of instructors for the mentoring program; and

b. Meet the requirements of this chapter and 645—Chapter 63 and pass the board's inspection of the facility.

61.7(3) The school owner shall be interviewed by the board during the review of the application.

61.7(4) After all criteria have been met, the school license shall be granted for the location(s) identified in the school's application.

61.7(5) Instruction of students shall not begin until the school license is activated.

61.7(6) The school must provide proof of registration with the Iowa college student aid commission.

61.7(7) Incomplete applications that have been on file in the board office for more than two years shall be considered invalid and shall be destroyed. The records shall be maintained after two years only if the applicant submits a written request to the board.

61.7(8) Existing school license, new location. A change of location shall require submission of an application for a new school license and payment of the license fee 90 days in advance of the anticipated date of opening. A change of address without a change of actual location shall not be construed as a new site.

61.7(9) Existing school license, new name. The owner shall notify the board in writing of a change of name within 30 days after the occurrence. In addition, the owner shall return the current certificate and pay the reissued certificate fee as specified in rule 645—5.5(147,157).

61.7(10) Existing school license, change of ownership. A school license is not transferable. A change in ownership of a school shall require the issuance of a new license. "Change in ownership" means any change of controlling interest in any corporation or any change of name of sole proprietorship or partnership.

a. A school cannot be sold if disciplinary actions are pending.

b. The board may request legal proof of the ownership transfer.

c. If a school owner sells the school, that owner must send the license certificate and a report of the sale to the board within ten days of the date on which the sale is final. The owner of the school on record shall retain responsibility for the school until the new school owner has been issued an active school license.

d. The new school owner shall follow all requirements as outlined in rule 645—61.7(157).

This rule is intended to implement Iowa Code sections 147.80, 157.6 and 157.8.

Item 17. Amend subrule 61.8(4) as follows:

61.8(4) If the renewal fee and renewal application are postmarked received in the office after the license expiration date, but within 30 days following the expiration date, the late fee for failure to renew before expiration shall be charged.

Item 18. Amend subrule 61.9(1) as follows:

61.9(1) If the renewal application and fee are not postmarked received in the office within 30 days after the license expiration date, the school license is inactive. To reactivate the school license, the reactivation application and fee shall be submitted to the board.

Item 19. Amend rule 645—61.10(157) as follows:

645—61.10(157) Display requirements for schools.

61.10(1) Every school shall have a sign visible outside the entrance designating the place of business.

61.10(2) A school license and the current renewal card shall be posted and visible to the public in the reception area at eye level school's front entrance area to provide the public a full unobstructed view of the license. Photocopies and electronic copies are not acceptable.

61.10(3) The original current license certificate, duplicate certificate, or reissued certificate renewal card for each instructor working at the school shall be visibly displayed posted in the reception area at eye level school's front entrance area to provide the public a full unobstructed view of the license. Photocopies and electronic copies are not acceptable.

Item 20. Rescind rule 645—61.12(157) and adopt the following new rule in lieu thereof:

645—61.12(157) Physical requirements for schools of cosmetology arts and sciences. The school shall meet the following physical requirements:

61.12(1) The school premises shall have a minimum floor space of 3,000 square feet.

61.12(2) Each school shall provide a minimum of 100 square feet per student. When the enrollment in a school exceeds 30 students, additional floor space of 30 square feet shall be required for each additional student enrolled in the school.

61.12(3) Each licensed school offering a full cosmetology arts and sciences curriculum shall provide the following:

a. At least one clinic area where the paying public will receive services. The clinic area shall be confined to the premises occupied by the school.

b. A theory classroom(s) separate from the clinic area.

c. A library that is maintained for students and consists of textbooks, current trade publications and business management materials.

d. A separate area that shall be used as a dispensary. The dispensary shall be equipped with a lavatory, shelves or drawers for storing chemicals, cleansing agents and items, sterilization equipment and any other sanitation items required by 645—Chapter 63. Clean items and dirty items in the dispensary must be kept separated as required by 645—Chapter 63.

e. Two restrooms that are equipped with toilets, lavatories, soap and disposable paper towel dispensers.

f. A laundry room that is separated from the clinic area by a full wall or partition. Students may not lounge, eat, practice or study in the laundry room.

g. A separate room that is equipped for the practice of esthetics and electrology.

h. An administrative office.

61.12(4) Each licensed school offering a single discipline cosmetology arts and sciences curriculum shall provide the same physical space as outlined in 61.12(3). Single discipline schools are exempt from 61.12(3)"g" if the board did not originally approve an electrology or esthetics course of study in the curriculum.

This rule is intended to implement Iowa Code sections 157.6 and 157.8.

Item 21. Rescind rule 645—61.13(157) and adopt the following new rule in lieu thereof:

645—61.13(157) Minimum equipment requirements. Each school of cosmetology arts and sciences shall have the following minimum equipment:

1.Workstations equipped with chair, workstation, closed drawer or container for sanitized articles, and mirror (maximum of two students per unit);

2.Treatment room(s) when electrology or esthetics or both are offered;

3.One set of textbooks for each student and instructor;

4.Shampoo bowls located in the clinic area and readily accessible for students and clients if the school offers a curriculum course in cosmetology;

5.Audiovisual equipment available for each classroom;

6.Chair and table area for each student in the classroom; and

7.Labeled bottles and containers showing intended use of the contents.

This rule is intended to implement Iowa Code sections 157.6 and 157.8.

Item 22. Amend paragraph 61.14(2)"a" as follows:

a. Theory instruction shall be taught from a standard approved textbook , but may be supplemented by other related textbooks. Online coursework is allowed for theory instruction.

Item 23. Amend paragraph 61.14(2)"d" as follows:

d. Core life sciences curriculum hours shall be transferable in their entirety from one practice discipline to another practice discipline. Online coursework is allowed for core life sciences instruction.

Item 24. Rescind rule 645—61.15(157) and adopt the following new rule in lieu thereof:

645—61.15(157) Instructors. All instructors in a school of cosmetology arts and sciences shall be licensed by the department.

61.15(1) An instructor teaching a course in electrology, esthetics or nail technology shall also hold a license in that practice or hold a cosmetology license that shows proof of having completed training in those practices equivalent to that of a license holder in that practice.

61.15(2) An instructor teaching a course in microdermabrasion, chemical peels, intense pulsed lights (IPLs) and lasers shall be certified by the state of Iowa to provide each of the services, as set forth in rule 645—60.4(157).

61.15(3) A minimum of two instructors shall be employed on a full-time basis for up to 30 students and an additional instructor for each additional 15 students.

a. The number of instructors for each school of cosmetology arts and sciences shall be based upon total enrollment.

b. A student instructor shall not be used to meet licensed instructor-to-student ratios.

c. A school with less than 30 students enrolled may have one licensed instructor on site in the school if offering only clinic services or only theory instruction in a single classroom and less than 15 students are present.

d. If a school is offering clinic services and theory instruction simultaneously to less than 15 students, at least two licensed instructors must be on site.

e. Area community colleges operating a school prior to September 1, 1982, with only one instructor per 15 students are not subject to this subrule and may continue to operate with the ratio of one instructor to 15 students. A student instructor shall not be used to meet licensed instructor-to-student ratios.

61.15(4) An instructor shall:

a. Be responsible for and in direct charge of all physical and virtual core and theory classrooms and practical classrooms and clinics at all times;

b. Familiarize students with the different standard supplies and equipment used in salons; and

c. Not perform cosmetology services, with or without compensation, on the school premises except for demonstration purposes.

This rule is intended to implement Iowa Code chapter 157.

Item 25. Rescind rule 645—61.18(157) and adopt the following new rule in lieu thereof:

645—61.18(157) Attendance requirements.

61.18(1) A school of cosmetology arts and sciences shall have a written, published attendance policy.

61.18(2) Schools shall ensure:

a. Students complete the hours required for each course of study set forth in rule 645—61.14(157).

b. Student attendance policies are applied uniformly and fairly for all physical and virtual classes.

c. Appropriate credit is given for all hours earned.

d. All retake tests and projects to be redone are completed without benefit of additional hours earned. Time scheduled for such work will be scheduled at the school's discretion.

e. Hours or credit is not added to the accumulative student record as an award or deducted from the accumulative student record as a penalty.

f. Work that must be done for missed hours must be allowed. The student must be given full credit for hours earned.

61.18(3) Pursuant to the federal Department of Education and accrediting standards agency, the school may adopt an absence policy not to exceed 10 percent of required coursework for doctor's excuses and life events. In no way shall this policy create a penalty for the student nor excuse the student from the remaining 10 percent of required coursework.

This rule is intended to implement Iowa Code chapter 157.

Item 26. Amend rule 645—64.1(157), definition of "Hour of continuing education," as follows:

"Hour of continuing education" means at least 50 minutes spent by a licensee in actual attendance at and completion of completing an approved continuing education activity through live, virtual, online or prerecorded means where the instructor provides proof of completion by the licensee as set forth in these rules.

Item 27. Amend rule 645—64.2(157) as follows:

645—64.2(157) Continuing education requirements.

64.2(1) The biennial continuing education compliance period shall begin on April 1 of one year and end on March 31 two years later.

64.2(2) Beginning April 1, 2008, a license that is renewed on April 1, 2008, that was originally scheduled to be renewed one year later as described in 645—paragraph 60.8(1)"b" shall not be required to meet continuing education requirements until April 1, 2010. This extension does not apply to a license(s) originally due for renewal on April 1, 2008.

64.2(3) 64.2(2) Each biennium:

a. A licensee in this state shall be required to complete a minimum of 8 6 hours of continuing education that meets the requirements of rule 645—64.3(157,272C). A minimum of 4 hours of the 8 6 hours shall be in the prescribed practice discipline and a minimum of 2 hours of the 8 6 hours shall be in the content areas of Iowa cosmetology law and rules and sanitation. Individuals holding more than one active license shall obtain 4 hours of continuing education in each prescribed practice discipline and an additional 2 hours in the content areas of Iowa cosmetology law and rules and sanitation.

b. A licensee who is an instructor of cosmetology arts and sciences shall obtain 8 6 hours in teaching methodology in addition to meeting all continuing education requirements for renewal of the instructor's practice license. A licensee must comply with all conditions of licensure including obtaining a minimum of 2 hours each biennium specific to Iowa cosmetology law and administrative rules as specified in subrule 64.3(2), paragraph "i.".

c. A licensee currently licensed in Iowa but practicing exclusively in another state may comply with Iowa continuing education requirements for license renewal by meeting the continuing education requirements of the state or states where the licensee practices. The licensee living and practicing in a state which has no continuing education requirement for renewal of a license shall not be required to meet Iowa's continuing education requirement but shall pay all renewal fees when due.

d. A licensee shall be deemed to have complied with the continuing education requirements of this state during periods that the licensee:

(1)Serves honorably on active duty in the military services, or

(2)Is the spouse of an active duty military service person, or

(3)Is a government employee working in the person's licensed specialty and assigned to duty outside of the United States, or

(4)Is engaged in active practice and absence from the state approved by the board.

64.2(4) 64.2(3) Requirements of new licensees. Those persons licensed for the first time shall not be required to complete continuing education as a prerequisite for the first renewal of their licenses. Continuing education hours acquired anytime from the initial licensing until the second license renewal may be used.

64.2(5) 64.2(4) Hours of continuing education credit may be obtained by attending and participating in a continuing education activity. These hours must be in accordance with these rules.

64.2(6) 64.2(5) No hours of continuing education shall be carried over into the next biennium. A licensee whose license was reactivated during the current renewal compliance period may use continuing education earned during the compliance period for the first renewal following reactivation.

64.2(7) 64.2(6) It is the responsibility of each licensee to finance the cost of continuing education.

Item 28. Amend subparagraph 64.3(1)"e"(1) as follows:

(1)Date, location, course title, presenter(s), sponsor(s);

Item 29. Rescind subrule 64.3(2) and adopt the following new subrule in lieu thereof:

64.3(2) Specific criteria. A licensee shall obtain a minimum of 6 hours of continuing education credit every two years. A minimum of 4 hours of the 6 hours of continuing education shall be in each prescribed practice discipline. Two hours of continuing education per biennium must be specific to Iowa cosmetology law and administrative rules including infection control.

a. The licensee may obtain continuing education hours of credit by:

(1)Attending workshops, conferences or symposiums.

(2)Accessing online training, such as viewing interactive conferences, attending webinars, or completing online training courses.

(3)Attending programs on product knowledge, methods and systems. Continuing education shall be directly related to the technique and theory specific to the practice of cosmetology arts and sciences. No direct selling of products is allowed as part of a continuing education offering.

(4)Attending business classes specific to owning or managing a salon are acceptable.

b. In addition to fulfilling the requirements in rule 645—64.2(157), those persons holding an instructor's license must complete a minimum of 6 hours of continuing education approved by the board in the area of teaching methodology.

c. Two hours of continuing education per biennium must be specific to Iowa cosmetology law and administrative rules.

d. The licensee shall obtain at least 4 hours in each area of prescribed practice for each cosmetology arts and sciences license held.

Item 30. Adopt the following new subrule 64.3(3):

64.3(3) Specific criteria for providers and sponsors of continuing education.

a. Continuing education shall be obtained by attending programs that meet the criteria in subrule 64.3(1). Individuals or groups may offer continuing education programs that meet the criteria in rule 645—64.3(157,272C) offered by or with express sponsorship in advance of delivery by the following organization(s).

(1)National, state or local associations of cosmetology arts and sciences;

(2)Schools and institutes of cosmetology arts and sciences;

(3)Universities, colleges or community colleges;

(4)National, state or local associations of barbers;

(5)Barber schools or institutes;

(6)Manufacturers of laser or microdermabrasion products;

(7)Institutes of laser technology.

b. A licensee who is a presenter of a continuing education program that meets the criteria in rule 645—64.3(157,272C) may receive credit once per biennium for the initial presentation of the program. The presenter may receive the same number of hours granted the attendees.

[Filed 12/6/17, effective 2/7/18]

[Published 1/3/18]

Editor's Note: For replacement pages for IAC, see IAC Supplement 1/3/18.