HF 2370

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/23/2021 09:51am

A bill for an act
relating to state government; exempting hairstyling, makeup application, and
eyelash application from licensing; establishing cosmetology apprenticeships;
changing the membership of the Board of Cosmetology; requiring interpreter
services; appropriating money; amending Minnesota Statutes 2020, sections
155A.20; 155A.23, subdivisions 3, 5, 8, 18, by adding subdivisions; 155A.24, by
adding subdivisions; 155A.27, subdivisions 1, 2, 9; 155A.271, subdivision 1;
155A.29, subdivisions 1, 6; proposing coding for new law in Minnesota Statutes,
chapter 155A; repealing Minnesota Rules, part 2105.0183, subpart 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

DEREGULATION OF CERTAIN COSMETOLOGY SERVICES

Section 1.

Minnesota Statutes 2020, section 155A.23, subdivision 3, is amended to read:

Subd. 3.

Cosmetology.

"Cosmetology" is the practice of personal services, for
compensation, for the cosmetic care of the hair, nails, and skin. These services include
cleaning, conditioning, shaping, reinforcing, coloring and enhancing the body surface in
the areas of the head, scalp, face, arms, hands, legs, feet, and trunk of the body, except where
these services are performed by a barber under sections 154.001, 154.002, 154.003, 154.01
to 154.161, 154.19 to 154.21, and 154.24 to 154.26. new text begin Cosmetology does not include hairstyling
as defined in subdivision 19, makeup services as defined in subdivision 20, or the application
of eyelash extensions.
new text end

Sec. 2.

Minnesota Statutes 2020, section 155A.23, subdivision 5, is amended to read:

Subd. 5.

Esthetician.

An "esthetician" is any person who, for compensation, performs
personal services for the cosmetic care of the skin only new text begin , but does not include makeup services
as defined in subdivision 20 new text end .

Sec. 3.

Minnesota Statutes 2020, section 155A.23, is amended by adding a subdivision to
read:

new text begin Subd. 5b. new text end

new text begin Hair coloring. new text end

new text begin "Hair coloring" means a person, for compensation, applies
dyes, bleach, reactive chemicals, keratin, or other preparations to color or alter the structure
of hair.
new text end

Sec. 4.

Minnesota Statutes 2020, section 155A.23, subdivision 8, is amended to read:

Subd. 8.

Manager.

A "manager" is any person who is a cosmetologist, esthetician,
advanced practice esthetician, new text begin or new text end nail technician practitioner, deleted text begin or eyelash technician
practitioner, deleted text end and who has a manager license and provides any services under that license,
as defined in subdivision 3.

Sec. 5.

Minnesota Statutes 2020, section 155A.23, subdivision 18, is amended to read:

Subd. 18.

Practitioner.

A "practitioner" is any person licensed in the practice of
cosmetology, esthiology, new text begin or new text end nail technology services deleted text begin , or eyelash technology services deleted text end .

Sec. 6.

Minnesota Statutes 2020, section 155A.27, subdivision 1, is amended to read:

Subdivision 1.

Licensing.

A person must hold an individual license to practice in the
state as a cosmetologist, esthetician, nail technician, deleted text begin eyelash technician, deleted text end advanced practice
esthetician, manager, or instructor.

Sec. 7.

Minnesota Statutes 2020, section 155A.27, subdivision 9, is amended to read:

Subd. 9.

Exemptions.

(a) Persons licensed to provide cosmetology services in other
states visiting this state for cosmetology demonstrations shall be exempted from the licensing
provisions of sections 155A.21 to 155A.36 if services to consumers are in the physical
presence of a licensed cosmetologist.

(b) A person who performs threading shall be exempt from the licensing provisions of
sections 155A.21 to 155A.36.

(c) A person who performs only deleted text begin hairstyling and makeup services shall be deleted text end new text begin hair coloring
or hair cutting services is new text end exempt from the licensing provisions of sections 155A.21 to
155A.36 if the person has completed a deleted text begin four-hour deleted text end course in health, safety, and
infection-control matters and state law online or in person under section 155A.271,
subdivision 1, paragraph (a), from a board-approved continuing education provider, and
carries proof of completion of the course when providing these services. new text begin Persons performing
hair coloring must complete a 40-hour course and persons performing hair cutting must
complete an 80-hour course.
new text end

Sec. 8.

Minnesota Statutes 2020, section 155A.271, subdivision 1, is amended to read:

Subdivision 1.

Continuing education requirements.

(a) To qualify for license renewal
under this chapter as an individual cosmetologist, nail technician, esthetician, advanced
practice esthetician, deleted text begin eyelash technician, deleted text end or salon manager, the applicant must complete four
hours of continuing education credits from a board-approved continuing education provider
during the three years prior to the applicant's renewal date. One credit hour of the requirement
must include instruction pertaining to state laws and rules governing the practice of
cosmetology. Three credit hours must include instruction pertaining to health, safety, and
infection control matters consistent with the United States Department of Labor's
Occupational Safety and Health Administration standards applicable to the practice of
cosmetology, or other applicable federal health, infection control, and safety standards, and
must be regularly updated so as to incorporate newly developed standards and accepted
professional best practices. Credit hours earned are valid for three years and may be applied
simultaneously to all individual licenses held by a licensee under this chapter.

(b) Effective August 1, 2017, in addition to the hours of continuing education credits
required under paragraph (a), to qualify for license renewal under this chapter as an individual
cosmetologist, nail technician, esthetician, advanced practice esthetician, or salon manager,
the applicant must also complete a four credit hour continuing education course from a
board-approved continuing education provider based on any of the following within the
licensee's scope of practice:

(1) product chemistry and chemical interaction;

(2) proper use and maintenance of machines and instruments;

(3) business management, professional ethics, and human relations; or

(4) techniques relevant to the type of license held.

Credits are valid for three years and must be completed with a board-approved provider of
continuing education during the three years prior to the applicant's renewal date and may
be applied simultaneously to other individual licenses held as applicable, except that credits
completed under this paragraph must not duplicate credits completed under paragraph (a).

(c) Paragraphs (a) and (b) do not apply to an instructor license, a school manager license,
or an inactive license.

Sec. 9.

Minnesota Statutes 2020, section 155A.29, subdivision 1, is amended to read:

Subdivision 1.

Licensing.

A person must not offer cosmetology services for compensation
unless the services are provided by a licensee in a licensed salon or as otherwise provided
in this section. Each salon must be licensed as a cosmetology salon, a nail salon, esthetician
salon, new text begin or new text end advanced practice esthetician salon deleted text begin , or eyelash extension salon deleted text end . A salon may hold
more than one type of salon license.

Sec. 10.

Minnesota Statutes 2020, section 155A.29, subdivision 6, is amended to read:

Subd. 6.

deleted text begin Threading deleted text end Exemption.

The facility in which a person provides threading new text begin ,
hairstyling, hair coloring, makeup services, or hair cutting, new text end and no other services requiring
licensure by this chapter is exempt from the requirement for a salon license under this
section.

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 2105.0183, subpart 5, new text end new text begin is repealed.
new text end

ARTICLE 2

APPRENTICESHIPS

Section 1.

Minnesota Statutes 2020, section 155A.23, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Apprentice. new text end

new text begin "Apprentice" means a person registered with the board who is
learning the practice of cosmetology under section 155A.272 in a licensed salon, and practices
or assists with the practice of cosmetology as provided under subdivision 3.
new text end

Sec. 2.

Minnesota Statutes 2020, section 155A.27, subdivision 1, is amended to read:

Subdivision 1.

Licensing.

A person must hold an individual license to practice in the
state as a cosmetologist, esthetician, nail technician, eyelash technician, advanced practice
esthetician, manager, or instructor new text begin , unless the person is an apprentice under section 155A.272 new text end .

Sec. 3.

Minnesota Statutes 2020, section 155A.27, subdivision 2, is amended to read:

Subd. 2.

Qualifications.

Qualifications for licensing in each classification shall be
determined by the board and established by rule, and shall include educational and
experiential prerequisites. The rules shall require a demonstrated knowledge of procedures
necessary to protect the health and safety of the practitioner and the consumer of cosmetology
services, including but not limited to infection control, use of implements, apparatuses and
other appliances, and the use of chemicals. new text begin Individuals who successfully complete an
apprenticeship program under section 155A.272 are deemed to have completed the
educational and experiential prerequisites for licensure.
new text end

Sec. 4.

new text begin [155A.272] APPRENTICESHIP.
new text end

new text begin Subdivision 1. new text end

new text begin Agreement. new text end

new text begin All apprentices shall be employed under an apprentice
agreement between the sponsoring salon and the apprentice and approved by the Department
of Labor and Industry under section 178.07. All apprenticeships are governed by the
requirements of chapter 178, the minimum standards of apprenticeship under Minnesota
Rules, part 5200.0320, and the requirements of this chapter and any rules adopted by the
board.
new text end

new text begin Subd. 2. new text end

new text begin Training requirements. new text end

new text begin Apprentices shall receive from a licensed salon at
least 2,200 hours of practical training and at least 200 training hours of theoretical instruction
in order to complete the apprenticeship program and be eligible to take the examination for
a cosmetologist license. Apprentices shall receive training for a total of at least 20 hours
per week. The training shall be completed in not less than one year and not more than four
years.
new text end

new text begin Subd. 3. new text end

new text begin Practice. new text end

new text begin (a) No apprentice under this section may practice cosmetology except
under the supervision of a licensed cosmetology manager, whose cosmetology license is
not an inactive license, or under the supervision of a licensed cosmetologist, whose
cosmetologist license is not an inactive license, and to whom supervisory authority has been
delegated by a licensed cosmetology manager. A licensed cosmetology manager may only
delegate supervisory authority to a licensed cosmetologist who has completed at least 2,000
hours of practice as a licensed cosmetologist. A supervising cosmetology manager must
have had a valid license for a minimum of three consecutive years. A supervising
cosmetology instructor must have had a valid license for a minimum of one year.
new text end

new text begin (b) Apprentices shall be trained in all branches of practical work and in all subjects
required to be taught in schools of cosmetology as prescribed by the board.
new text end

ARTICLE 3

BOARD DIVERSIFICATION

Section 1.

Minnesota Statutes 2020, section 155A.20, is amended to read:

155A.20 BOARD OF COSMETOLOGIST EXAMINERS CREATED; TERMS.

(a) A Board of Cosmetologist Examiners is established to consist of seven members,
appointed by the governor as follows:

(1) two cosmetologists, one of whom is recommended by a professional association of
cosmetologists, nail technicians, and estheticians;

(2) two school instructors, one of whom is teaching at a public cosmetology school in
the state and one of whom is teaching at a private cosmetology school in the state;

(3) one esthetician;

(4) one nail technician; and

(5) one public member, as defined in section 214.02.

(b) All cosmetologist, esthetician, and nail technician members must be currently licensed
in the field of cosmetology, nail technology, or esthetology, in Minnesota, have practiced
in the licensed occupation for at least five years immediately prior to their appointment, be
graduates from grade 12 of high school or have equivalent education, and have knowledge
of sections 155A.21 to 155A.36 and Minnesota Rules, chapters 2105 and 2110.

new text begin (c) Of the seven members, three members should represent different ethnic and minority
communities, and one member should represent the LGBTQ+ community.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end Membership terms, compensation of members, removal of members, the filling
of membership vacancies, and fiscal year and reporting requirements shall be as provided
in sections 214.07 to 214.09. The provision of staff, administrative services, and office
space; the review and processing of complaints; the setting of board fees; and other provisions
relating to board operations shall be as provided in chapter 214.

deleted text begin (d) deleted text end new text begin (e) new text end Members appointed to fill vacancies caused by death, resignation, or removal
shall serve during the unexpired term of their predecessors.

Sec. 2.

Minnesota Statutes 2020, section 155A.24, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Communication in other formats. new text end

new text begin Board personnel must make reasonable
accommodations to provide information in other formats or languages as needed to facilitate
understanding by licensees and facility owners licensed under this chapter. This includes
inspections, which must be conducted in a language understandable to the licensee or facility
owner.
new text end

Sec. 3.

Minnesota Statutes 2020, section 155A.24, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Diversity training. new text end

new text begin Every two years, all members of the board and personnel
must complete a minimum of nine hours on diversity training. Diversity training must
directly relate to the regulation of cosmetology, nail technology, or esthetology.
new text end

ARTICLE 4

APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS.
new text end

new text begin (a) $....... in fiscal year 2022 and $....... in fiscal year 2023 are appropriated from the
general fund to the Department of Labor and Industry for the purposes of the apprenticeship
training program in article 2.
new text end

new text begin (b) $....... in fiscal year 2022 and $....... in fiscal year 2023 are appropriated from the
general fund to the Board of Cosmetologist Examiners for the purposes of the language
accommodation requirements in article 3.
new text end

APPENDIX

Repealed Minnesota Rule: 21-03485

2105.0183 TRANSFER OF LICENSES FROM OTHER STATES OR COUNTRIES.

Subp. 5.

Foreign documents.

All foreign documents from another country, including records in English, must be evaluated by a board-approved credentialing agency at the applicant's expense.