HF 2389

as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 04:28pm

A bill for an act
relating to cosmetology; regulating eyelash extension services; providing
grandfathered licenses; authorizing rulemaking; appropriating money; amending
Minnesota Statutes 2014, section 155A.23, by adding subdivisions; Minnesota
Statutes 2015 Supplement, sections 155A.23, subdivisions 8, 18; 155A.27,
subdivision 1; 155A.271, subdivision 1; 155A.29, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 155A.

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

Section 1.

Minnesota Statutes 2014, section 155A.23, is amended by adding a
subdivision to read:

new text begin Subd. 4a. new text end

new text begin Eyelash extensions. new text end

new text begin "Eyelash extensions" means the application,
removal, and trimming of threadlike natural or synthetic fibers to an eyelash, and includes
the cleansing of the eye area and lashes. Eyelash extensions do not include color agents,
straightening agents, permanent wave solutions, bleaching agents, applications to the
eyebrow, or any other cosmetology service.
new text end

Sec. 2.

Minnesota Statutes 2014, section 155A.23, is amended by adding a subdivision
to read:

new text begin Subd. 4b. new text end

new text begin Eyelash technician. new text end

new text begin An "eyelash technician" is any person who is not a
cosmetologist or an esthetician who, for compensation, performs the personal services
limited to eyelash extensions as defined in subdivision 4a only.
new text end

Sec. 3.

Minnesota Statutes 2015 Supplement, 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, deleted text begin or deleted text end nail technician new text begin practitioner, or eyelash technician
new text end practitioner, and who has a manager license and provides any services under that license,
as defined in subdivision 3.

Sec. 4.

Minnesota Statutes 2015 Supplement, section 155A.23, subdivision 18, is
amended to read:

Subd. 18.

Practitioner.

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

Sec. 5.

Minnesota Statutes 2015 Supplement, 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, new text begin eyelash technician, new text end advanced
practice esthetician, manager, or instructor.

Sec. 6.

Minnesota Statutes 2015 Supplement, section 155A.271, subdivision 1, is
amended to read:

Subdivision 1.

Continuing education requirements.

(a) deleted text begin Effective August 1,
2014, deleted text end To qualify for license renewal under this chapter as an individual cosmetologist,
nail technician, esthetician, advanced practice esthetician, new text begin eyelash technician, new text end or salon
manager, the applicant must attest to the completion of four hours of continuing education
credits from an accredited school or a professional association of cosmetology 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 attest to the completion of one four-hour continuing
education course from a continuing education provider based on any or all of the following:

(1) product chemistry and chemistry interaction;

(2) proper use of machines and instruments;

(3) business management and human relations; or

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

Credits must be completed 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. 7.

new text begin [155A.273] EYELASH TECHNICIAN GRANDFATHERING.
new text end

new text begin The board must issue grandfathered eyelash technician licenses between June 30,
2017, and September 30, 2017. To be considered for grandfathering, a person must meet
the requirements in this section. All applications for grandfathering eyelash technician
licenses must be received in the board office by April 15, 2017, and must contain:
new text end

new text begin (1) a complete grandfathering application;
new text end

new text begin (2) documentation of at least 2,700 hours of experience in eyelash extensions within
the last five years;
new text end

new text begin (3) proof of a high school diploma or equivalent;
new text end

new text begin (4) proof of eyelash extension training before August 1, 2016;
new text end

new text begin (5) original passing results no more than one year old of board-approved laws and
rules tests and theory tests, as well as a salon manager test if applying for a salon manager
license;
new text end

new text begin (6) proof of a six-hour board-approved public health and safety course. Four hours
must be related to infection control and two hours related to Minnesota laws and rules; and
new text end

new text begin (7) the practitioner fees required under section 155A.25.
new text end

Sec. 8.

Minnesota Statutes 2015 Supplement, 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, deleted text begin or deleted text end advanced practice esthetician salon new text begin , or eyelash salon new text end . A
salon may hold more than one type of salon license.

Sec. 9. new text begin RULEMAKING.
new text end

new text begin The Board of Cosmetologist Examiners shall adopt rules governing the eyelash
technician license, including educational and training requirements, scope of practice, and
the conditions and process of issuing and renewing the license.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2017 is appropriated from the general fund to the Board of
Cosmetologist Examiners for the purposes of eyelash extension licensing requirements
in Minnesota Statutes, chapter 155A, and related rulemaking. This amount is added to
the board's base budget.
new text end