Iowa Admin. Code r. 645-25.2

Current through Register Vol. 47, No.14, January 8, 2025

Rule 645-25.2 - Grounds for discipline

The board may impose any of the disciplinary sanctions provided in rule 645-25.3 (152A,272C) when the board determines that any of the following acts or offenses have been committed:

(1) Fraud in procuring a license. Fraud in procuring a license includes, but is not limited to:

a. An intentional perversion of the truth in making application for a license to practice in this state;

b. False representation of a material fact, whether by word or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed when making application for a license in this state;

c. Attempting to file or filing with the board or the department of public health any false or forged diploma or certificate or affidavit or identification or qualification in making an application for a license in this state.

(2) Professional incompetency. Professional incompetency includes, but is not limited to:

a. A substantial lack of knowledge or ability to discharge professional obligations within the scope of practice;

b. A substantial deviation from the standards of learning or skill ordinarily possessed and applied by other barbers in the state of Iowa acting in the same or similar circumstances;

c. A failure to exercise the degree of care which is ordinarily exercised by a barber acting in the same or similar circumstances; and

d. Failure to conform to the minimal standard of acceptable and prevailing practice of licensed barbers in this state.

(3) Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of the profession, or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.

(4) Practice outside the scope of the profession.

(5) Use of untruthful or improbable statements in advertisements. Use of untruthful or improbable statements in advertisements includes, but is not limited to, acts which constitute making false, deceptive, misleading or fraudulent representations in the practice of the profession.

(6) Habitual intoxication or addiction to the use of drugs.

a. The inability of a licensee to practice with reasonable skill and safety by reason of the excessive use of alcohol on a continuing basis.

b. The excessive use of drugs which may impair a licensee's ability to practice with reasonable skill or safety.

(7) Obtaining, possessing, attempting to obtain or possess, or administering controlled substances without lawful authority.

(8) Falsification of client records.

(9) Acceptance of any fee by fraud or misrepresentation.

(10) Negligence in the practice of the profession. Negligence in the practice of the profession includes a failure to exercise due care, including negligent delegation of duties or supervision of employees or other individuals, whether or not injury results; or any conduct, practice or conditions which impair the licensee's ability to safely and skillfully practice the profession.

(11) Being convicted of an offense that directly relates to the duties and responsibilities of the profession. A conviction includes a guilty plea, including Alford and nolo contendere pleas, or a finding or verdict of guilt, even if the adjudication of guilt is deferred, withheld, or not entered. A copy of the guilty plea or order of conviction constitutes conclusive evidence of conviction. An offense directly relates to the duties and responsibilities of the profession if the actions taken in furtherance of the offense are actions customarily performed within the scope of practice of the profession or the circumstances under which the offense was committed are circumstances customary to the profession.

(12) Violation of a regulation, rule, or law of this state, another state, or the United States, which relates to the practice of barbering.

(13) Revocation, suspension, or other disciplinary action taken by the professional licensing authority of this state or another state, territory, or country; or failure to report such action within 30 days of the final action by such licensing authority. A stay by an appellate court shall not negate this requirement; however, if such disciplinary action is overturned or reversed by a court of last resort, such report shall be expunged from the records of the board.

(14) Failure of a licensee or an applicant for licensure in this state to report any voluntary agreements restricting the individual's practice in another state, district, territory or country.

(15) Failure to notify the board of a criminal conviction within 30 days of the action, regardless of the jurisdiction where it occurred.

(16) Failure to notify the board within 30 days after occurrence of any judgment or settlement of a malpractice claim or action.

(17) Engaging in any conduct that subverts or attempts to subvert a board investigation.

(18) Failure to respond within 30 days to a communication of the board which was sent by registered or certified mail.

(19) Failure to comply with a subpoena issued by the board or failure to cooperate with an investigation of the board.

(20) Failure to comply with the terms of a board order or the terms of a settlement agreement or consent order.

(21) Failure to pay costs assessed in any disciplinary action.

(22) Submission of a false report of continuing education.

(23) Failure to report another licensee to the board for any violations listed in these rules, pursuant to Iowa Code section 272C.9.

(24) Knowingly aiding, assisting, or advising a person to unlawfully practice as a barber.

(25) Failure to report a change of name or address within 30 days after it occurs.

(26) Representing oneself as a licensed barber or barber instructor when the person's license has been suspended or revoked, or when the person's license is on inactive status.

(27) Representing a barbershop or barber school as being licensed when the license has been suspended or revoked, or when the license is inactive.

(28) Permitting another person to use one's barber license for any purpose.

(29) Permitting an unlicensed employee or person under the licensee's or the entity's control to perform activities that require a license.

(30) Permitting a licensed person under the licensee's or the entity's control to practice outside the scope of the person's license.

(31) Unethical conduct. In accordance with Iowa Code section 147.55(3), behavior (i.e., acts, knowledge, and practices) which constitutes unethical conduct may include, but is not limited to, the following:

a. Verbally or physically abusing a client or coworker.

b. Improper sexual contact with or making suggestive, lewd, lascivious or improper remarks or advances to a client or coworker.

c. Betrayal of a professional confidence.

d. Engaging in a professional conflict of interest.

e. Mental or physical inability reasonably related to and adversely affecting the licensee's ability to practice in a safe and competent manner.

f. Being adjudged mentally incompetent by a court of competent jurisdiction.

(32) Failure to comply with standard precautions for preventing transmission of infectious diseases as issued by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

(33) Violation of the terms of an initial agreement with the impaired practitioner review committee or violation of the terms of an impaired practitioner recovery contract with the impaired practitioner review committee.

Iowa Admin. Code r. 645-25.2

ARC 7578B, IAB 2/25/09, effective 4/1/09

Amended by IAB July 14, 2021/Volume XLIV, Number 1, effective 8/18/2021