Minnesota Legislature
HF 2389
1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/29/2016 11:16am
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A bill for an act
relating to cosmetology; regulating eyelash extension services; providing
grandfathered licenses; modifying continuing education requirements;
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; 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, esthetician, or advanced practice 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 ordeleted text end nail techniciannew 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 ordeleted text end nail technology servicesnew text begin , or eyelash technology servicesnew 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, is amended to read:
155A.271 CONTINUING EDUCATION REQUIREMENTS.
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 deleted text begin attest to the completion ofdeleted text end new text begin completenew text end four hours of continuing
education credits from deleted text begin an accredited school or a professional association of cosmetologydeleted text end new text begin
a board-approved continuing education providernew text end 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 deleted text begin attest to the completion of one four-hourdeleted text end new text begin complete a
four credit hournew text end continuing education course from a new text begin board-approved new text end continuing education
provider based on any deleted text begin or alldeleted text end of the followingnew text begin within the licensee's scope of practicenew text end :
(1) product chemistry and deleted text begin chemistrydeleted text end new text begin chemicalnew text end interaction;
(2) proper use new text begin and maintenance new text end of machines and instruments;
(3) business managementnew text begin , professional ethics,new text end and human relations; or
(4) techniques relevant to the type of license held.
Credits new text begin are valid for three years and new text end must be completed new text begin with a board-approved provider of
continuing education new text end 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.
Subd. 1a.
Product sales or marketing prohibited.
The marketing or sale of
any product is prohibited during a continuing education class receiving credit under
subdivision 1.
Subd. 2.
Continuing education providers.
(a) Only a board-licensed school of
cosmetology, a postsecondary institution as defined in section 136A.103, paragraph
(a), or a board-recognized professional association organized under chapter 317A may
new text begin be approved by the board to new text end offer continuing education deleted text begin curriculumdeleted text end for credit under
subdivision 1, paragraph (a). Continuing education deleted text begin curriculumdeleted text end under subdivision 1,
paragraph (b), may be offered by a:
(1) board-licensed school of cosmetology;
(2) board-recognized professional association organized under chapter 317A; or
(3) board-licensed salon.
deleted text begin Thedeleted text end new text begin An approvednew text end school deleted text begin anddeleted text end new text begin ornew text end professional association may offer deleted text begin online and
independent study optionsdeleted text end new text begin Web-based continuing education instructionnew text end to achieve
maximum involvement of licensees. Continuing education providers are encouraged to
offer classes available in foreign language formats.
(b) Board deleted text begin authorizationdeleted text end new text begin approvalnew text end of deleted text begin adeleted text end new text begin anynew text end continuing education provider deleted text begin under
paragraph (a)deleted text end is valid for one calendar year and is contingent upon submission and
preapproval of the lesson plan or plans with learning objectives for the class to be offered
and the payment of the application fee in section 155A.25, subdivision 1a, paragraph (d),
clause (11). new text begin The board shall maintain a list of approved providers and courses on the
board's Web site. new text end The board may revoke authorization of a continuing education provider
at any time for just cause and the board may demand return of documents required under
subdivision 3.
Subd. 3.
Proof of credits.
The continuing education provider shall provide to
licensees deleted text begin who attend a class a receipt to provedeleted text end new text begin documentation establishingnew text end completion
of the class. Licensees shall retain proof of their continuing education credits for one
year beyond the credit's expiration. The continuing education provider shall retain
documentation of all licensees deleted text begin successfullydeleted text end completing a class and the licensee's credit
hours new text begin awarded by them new text end for five years.
Subd. 4.
Audit.
The board shall conduct random audits of active licensees
deleted text begin periodicallydeleted text end new text begin and continuing education providersnew text end to ensure compliance with deleted text begin continuing
educationdeleted text end new text begin thenew text end requirementsnew text begin of this sectionnew text end . To initiate an audit, the board shall notify
an active licensee of the audit and request proof of credits earned during a specified
period. The licensee must provide the requested proof to the board within 30 days of an
audit notice. The board may request that a deleted text begin school or professional associationdeleted text end new text begin continuing
education providernew text end verify a licensee's credits. The deleted text begin continuing educationdeleted text end provider must
furnish verification, or a written statement that the credits are not verified, within 15 days
of the board's request for verification. If the board determines that a licensee has failed to
provide proof of necessary credits earned during the specified time, the board may revoke
the individual's license and may deem the individual an expired practitioner subject to
penalty under section 155A.25 or 155A.36.new text begin The board staff shall have unrestricted free
access to any provider's class offerings to verify adherence to the provider's approved
lesson plan and overall compliance with this chapter.
new text end
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 between October 15, 2016, and 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 ordeleted text end advanced practice esthetician salonnew text begin , or eyelash extension
salonnew 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. The educational and
training requirements must not exceed eight hours. The board may use the expedited rule
process in Minnesota Statutes, section 14.389.
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