HF 902

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2013 02:21pm

A bill for an act
relating to cosmetologists; establishing continuing education requirements;
amending Minnesota Statutes 2012, section 155A.27, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 155A.27, is amended by adding a
subdivision to read:

new text begin Subd. 11. new text end

new text begin Continuing education requirement; random audit. new text end

new text begin (a) Effective
August 1, 2014, to qualify for license renewal under this chapter as an individual
cosmetologist, nail technician, esthetician, or salon manager, the applicant must attest to
the completion of four hours of continuing education credits. 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 sanitation 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, sanitation, 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.
new text end

new text begin (b) The board shall conduct random audits of active licensees periodically to ensure
compliance with continuing education requirements.
new text end

new text begin (c) Only an accredited school or a professional association of cosmetology may
offer continuing education curriculum for credit under this subdivision. The school or
professional association shall retain documentation of all licensees successfully completing
a class and the licensee's credit hours for five years. The school or professional association
shall furnish verification within 15 days of the board's request of a licensee's credit hours
earned. The school or professional association shall provide to licensees who attend a
class a receipt to prove completion of the class. The school or professional association
may offer online and independent study options to achieve maximum involvement of
licensees and is encouraged to offer classes available in foreign language formats.
new text end

new text begin (d) Licensees shall retain proof of their continuing education credits for one year
beyond the credit's expiration and provide this proof if requested during a random audit
conducted by the board. A licensee's failure to furnish proof within 30 days to the board
may render the license expired and may deem the individual a lapsed practitioner subject
to penalty under section 155A.25.
new text end

new text begin (e) Licensees subject to a request for documentation by the board may seek an
exemption of the continuing education requirement under this subdivision for their current
license within the 30 days allowed for response, if they can demonstrate a hardship
based on a disability, age, illness, or other circumstances the board may determine on a
case-by-case basis. Licensees who seek an exemption from the continuing education
requirement under this subdivision shall provide a sworn statement describing the facts
supporting the exemption.
new text end

Sec. 2. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall replace the term "manicurist" with the term "nail
technician" wherever it appears in Minnesota Statutes and Minnesota Rules.
new text end