Iowa salon inspections not uniform, despite law

John Day III has been cutting hair for a decade, even providing free back-to-school cuts for children whose families cannot afford one.

Day said he knows the law that governs his cosmetology license, so he was surprised to discover he was fined $1,000 - the maximum imposed by the state - for what he considers minor violations.

“They didn't even give me a warning,” said Day, who owns Big J's Salon, 329 E. College St., Iowa City. “I think it boils down to them getting the money.”

Day, who is appealing the fine, was among more than 100 cosmetologists cited by the state for license violations in the past three years.

Common violations included employing unlicensed workers, engaging in unsanitary practices, failing to properly post sanitation rules and failing to document cleanings of pedicure spas.

State law requires salons to be inspected every two years, but that doesn't happen, said Marvin Firch, outreach/compliance educator with the Iowa Department of Public Health who works with the 19 boards in the Bureau of Professional Licensure.

“There just isn't the finances to accomplish (biennial inspections,)” he said.

Instead, Iowa's 3,918 licensed salons and 15,418 cosmetologists are investigated upon complaint. The state averages about 100 cosmetology complaints per year.

That random approach is what bothers Day, who said an investigator inspected his business in 2009 when she couldn't find a former employee whose license expired.

“If you're going to do it, be consistent,” he said. “Do the same for everyone.”

His citations included failing to provide drinking water in the salon and failing to properly post sanitation rules and licenses. His license was posted, he said, but not where the inspector said it was required to be.

Donna Zender, owner of Zender's Salon and Spa, 4 S. Linn St., Iowa City, agreed with Day.

“Not everyone's getting the same treatment,” she said, adding that she welcomes inspections and believes they are needed in Iowa.

The spa made changes in its record-keeping after it was cited last year for lack of documentation, she noted.

In 2006, Iowa received funding to conduct a sweep, in which the Department of Inspections and Appeals checked more than 550 salons.

Now, Firch said, investigations are funded by licensure fees. Cosmetology licensees pay a $60 renewal fee every two years. Those fees also fund staff and traveling expenses of the volunteer board. Fines go into Iowa's general fund.

The seven-member cosmetology board serves as jury for cases in front of an administrative law judge. Licenses can be suspended or revoked for egregious violations.

That rarely happens.

“The general intent is to levy the least amount of penalty to effect correction of the complaint,” Firch said.

Cosmetologists are required to keep abreast of Iowa's law with continuing education. For example, fish pedicures - a coastal trend in which tiny carp eat the dead skin off customers' feet - are banned in Iowa.

“The reason is, how do you disinfect a fish?” Firch said.

Patty Russo, public relations director at Capri Cosmetology College in Cedar Rapids, said Iowa law is taught during students' training and in continuing education.

Iowa has 28 cosmetology colleges and requires 2,100 hours of training for students, the most hours of any state, Firch said.

Still, some cosmetologists violate laws that have been on the books for years.

For example, seven salons were cited last year for using methyl methacrylate, a substance used in artificial “liquid nails” before the U.S. Food and Drug Administration took action in the 1970s. The substance can cause nail deformities and permanent loss of the nail plate. Vapors are toxic and can damage the lungs.

“That's the sole purpose of the board,” Firch said. “To protect the public.”