Iowa Code § 157.1

Current through March 29, 2024
Section 157.1 - Definitions

For purposes of this chapter:

1."Barbering and cosmetology" means all of the following practices performed for cosmetic purposes and not for the treatment of disease of physical or mental ailments:
a. Curling, waving, press and curl hair straightening, shampooing, cutting, singeing, bleaching, coloring, hair body processing, blow waving, hair relaxing, applying hair tonics, or similar works, upon the hair or beard of any person, or upon a wig or hairpiece when done in conjunction with haircutting or hairstyling by any means.
b. Massaging, cleansing, stimulating, exercising, or beautifying the superficial epidermis of the scalp, face, neck, arms, hands, legs, feet, or upper body of any person with the hands or mechanical or electrical apparatus or appliances or with the use of cosmetic preparations, including cleansers, toners, moisturizers, masques, antiseptics, powders, oils, clays, waxes, or lotions.
c. Removing superfluous hair from the face or body of a person with the use of depilatories, wax, sugars, or tweezing.
d. Applying makeup or eyelashes, tinting of lashes or brows, or lightening of hair on the face or body.
e. Cleansing, shaping, or polishing the fingernails, applying sculptured nails, nail extensions, wraps, overlays, nail art, or any other nail technique to the fingernails or toenails of a person.
f. Shaving or trimming for hair removal by the use of a straight edge razor.
2."Barbering and cosmetology arts and sciences" means any or all of the following disciplines performed with or without compensation by a licensee:
a. Barbering and cosmetology.
b. Electrology.
c. Esthetics.
d. Nail technology.
3."Board" means the board of barbering and cosmetology arts and sciences.
4."Certified laser product" means a product which is certified by a manufacturer pursuant to the requirements of 21 C.F.R. pt. 1040 and as specified by rule.
5."Chemical exfoliation" means the removal of surface epidermal cells of the skin by using only nonmedical strength cosmetic preparations consistent with labeled instructions and as specified by rule.
6."Cosmetologist" or "barber" means a person who performs the practice of barbering and cosmetology arts and sciences or otherwise by the person's occupation claims to have knowledge or skill particular to the practice of barbering and cosmetology arts and sciences. Cosmetologists and barbers shall not represent themselves to the public as being primarily in the practice of haircutting unless that function is, in fact, their primary specialty.
7."Department" means the department of inspections, appeals, and licensing.
8."Depilatory" means an agent used for the temporary removal of superfluous hair by dissolving it at the epidermal surface.
9."Electrologist" means a person who performs the practice of electrology.
10."Electrology" means the removal of superfluous hair of a person by the use of an electric needle or other electronic process.
11."Establishment" means a fixed location or a location that is readily movable where one or more persons engage in the practice of barbering and cosmetology arts and sciences, including but not limited to a retail establishment.
12."Esthetician" means a person who performs the practice of esthetics.
13."Esthetics" means the following:
a. Beautifying, massaging, cleansing, stimulating, or hydrating the skin of a person, except the scalp, by the use of cosmetic preparations, including cleansers, antiseptics, tonics, lotions, creams, exfoliants, masques, and essential oils, to be applied with the hands or any device, electrical or otherwise, designed for the nonmedical care of the skin.
b. Applying makeup or eyelashes to a person, tinting eyelashes or eyebrows, or lightening hair on the body except the scalp.
c. Removing superfluous hair from the body of a person by the use of depilatories, waxing, sugaring, tweezers, or use of any certified laser products or intense pulsed light devices. This excludes threading and the practice of electrology, whereby hair is removed with an electric needle.
d. The application of permanent makeup or cosmetic micropigmentation.
14."Exfoliation" means the process whereby the superficial epidermal cells are removed from the skin.
15."General supervision" means the supervising physician is not on site for laser procedures or use of an intense pulsed light device for hair removal conducted on minors, but is available for direct communication, either in person or by telephone, radio, radiotelephone, television, or similar means.
16."Instructor" means a person licensed for the purpose of teaching barbering and cosmetology arts and sciences.
17."Intense pulsed light device" means a device that uses incoherent light to destroy the vein of the hair bulb.
18."Laser" means light amplification by the stimulated emission of radiation.
19."Manicuring" means the practice of cleansing, shaping, or polishing the fingernails and massaging the hands and lower arms of a person. "Manicuring" does not include the application of sculptured nails or nail extensions to the fingernails or toenails of a person, and does not include the practice of pedicuring.
20."Manicurist" means a person who performs the practice of manicuring.
21."Mechanical exfoliation" means the physical removal of surface epidermal cells by means that include but are not limited to brushing machines, granulated scrubs, peel-off masques, peeling creams or drying preparations that are rubbed off, and microdermabrasion.
22."Microdermabrasion" means mechanical exfoliation using an abrasive material or apparatus to remove surface epidermal cells with a machine which is specified by rule.
23."Minor" means an unmarried person who is under the age of eighteen years.
24."Nail technologist" means a person who performs the practice of nail technology.
25."Nail technology" means all of the following:
a. Applying sculptured nails, nail extensions, wraps, overlays, nail art, or any other nail technique to the fingernails and toenails of a person.
b. Massaging the hands, arms, ankles, and feet of a person.
c. Removing superfluous hair from hands, arms, feet, or legs of a person by the use of wax or a tweezer.
d. Manicuring the nails of a person.
26."Physician" means a person licensed in Iowa to practice medicine and surgery or osteopathic medicine and surgery.
27."School of barbering and cosmetology arts and sciences" means an establishment operated for the purpose of teaching barbering and cosmetology arts and sciences.

Iowa Code § 157.1

92 Acts, ch 1205, §1; 93 Acts, ch 61, §1; 2004 Acts, ch 1044, §1 - 6; 2005 Acts, ch 89, §20 - 22; 2007 Acts, ch 10, §157, 158; 2008 Acts, ch 1088, §141; 2010 Acts, ch 1163, §4, 5; 2015 Acts, ch 30, § 62; 2022 Acts, ch 1005, §1, 2; 2023 Acts, ch 19, § 1634; 2023 Acts, ch 99, §7- 11

Amended by 2023 Iowa, ch 99, s 7, eff. 7/1/2023.
Amended by 2023 Iowa, ch 99, s 11, eff. 7/1/2023.
Amended by 2023 Iowa, ch 99, s 10, eff. 7/1/2023.
Amended by 2023 Iowa, ch 99, s 9, eff. 7/1/2023.
Amended by 2023 Iowa, ch 99, s 8, eff. 7/1/2023.
Amended by 2023 Iowa, ch 19, s 1634, eff. 7/1/2023.
Amended by 2022 Iowa, ch 1005, s 2, eff. 7/1/2022.
Amended by 2022 Iowa, ch 1005, s 1, eff. 7/1/2022.
Amended by 2015 Iowa, ch 30,s 62, eff. 7/1/2015.
C27, 31, 35, §2585-b1; C39, §2585.10; C46, 50, 54, 58, 62, 66, 71, 73, 77, 79, 81, §157.1
92 Acts, ch 1205, §1; 93 Acts, ch 61, §1; 2004 Acts, ch 1044, §1 - 6; 2005 Acts, ch 89, §20 - 22; 2007 Acts, ch 10, §157, 158; 2008 Acts, ch 1088, §141; 2010 Acts, ch 1163, §4, 5

Referred to in §157.2, 157.3A

Section amended and editorially internally renumbered