1.An establishment training program is created. The board shall create an establishment
training program and allow establishments to register to participate in the program. An
establishment licensed pursuant to section 157.11, including an establishment operating in a
residence pursuant to section 157.6, may participate in the program by registering with the
board.
2.An establishment that registers with the board may employ persons, without regard to
the person’s licensure status, to provide services that would otherwise require a license under
this chapter under the supervision of a licensee who regularly provides those services. A
personprovidingserviceswithoutalicensemustfirstcompletetwohoursofeducationrelated
to barbering and cosmetology laws in this state and rules and sanitation, a
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1. An establishment training program is created. The board shall create an establishment
training program and allow establishments to register to participate in the program. An
establishment licensed pursuant to section 157.11, including an establishment operating in a
residence pursuant to section 157.6, may participate in the program by registering with the
board.
2. An establishment that registers with the board may employ persons, without regard to
the person’s licensure status, to provide services that would otherwise require a license under
this chapter under the supervision of a licensee who regularly provides those services. A
personprovidingserviceswithoutalicensemustfirstcompletetwohoursofeducationrelated
to barbering and cosmetology laws in this state and rules and sanitation, as determined by
the board by rule, before offering services permitted under the program. The establishment
owner is responsible for ensuring the education, training, skills, and competence of persons
who provide services in the owner’s establishment.
3. Anestablishmentparticipatingintheestablishmenttrainingprogramshallcomplywith
all facility and minimum equipment requirements, safety and infection control provisions,
inspection requirements, management requirements, and establishment licensing renewal
requirements. The department shall inspect an establishment participating in the program
as the department deems necessary to ensure compliance with these requirements.
4. The establishment shall disclose in writing prior to the consumer’s receipt of services
from an unlicensed provider that the establishment is participating in the program and that
the provider is not licensed. The disclosure shall be clearly legible and state: “This licensed
establishment is registered to participate in an establishment training program. This
establishment employs unlicensed providers who work under the supervision of licensed
providers. The services you are receiving are from an unlicensed provider participating in
this program.”
5. In addition to any other remedy provided by law, in an action based on an injury alleged
to have occurred in an establishment participating in the establishment training program, a
prevailing party may recover reasonable attorney fees and receive other equitable relief as
determined by the court.
6. In addition to any other disciplinary powers established pursuant to this chapter, the
board may, when it has probable cause to believe that human health is endangered, order an
establishmentparticipatingintheprogramtoimmediatelyceaseparticipationintheprogram.
The board shall conduct formal proceedings pursuant to this chapter to determine whether
the problem has been corrected, whether to suspend, revoke, or reinstate the establishment’s
participationintheprogram,andwhethertosuspend,revoke,orreinstatetheestablishment’s
license.
7. For the purposes of this section, “supervision” means within the physical presence of a
licensee and the licensee is available to assist in providing services.