Iowa Code Title IV. Public Health [Chs. 123-158] § 157.12D. Establishment training program

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 person providing services without a license must first complete two hours of education related 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. An establishment participating in the establishment training program shall comply with 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's 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 establishment participating in the program to immediately cease participation in the program.  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 participation in the program, and whether to suspend, revoke, or reinstate the establishment'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.