HF 3155

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/14/2022 04:29pm

A bill for an act
relating to cosmetology; creating hair technician licenses; appropriating money;
amending Minnesota Statutes 2020, sections 155A.23, subdivisions 8, 18, by
adding a subdivision; 155A.25, subdivision 1a; 155A.27, subdivisions 1, 5a, 10;
155A.271, subdivision 1; 155A.29, subdivision 1; 155A.30, subdivision 2.

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

Section 1.

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

new text begin Subd. 7a. new text end

new text begin Hair technician. new text end

new text begin "Hair technician" is any person who, for compensation,
performs personal services for the cosmetic care of the hair, including cutting the hair and
the application of dyes, bleach, reactive chemicals, keratin, or other preparations to color
or alter the structure of the hair. A hair technician may perform hairstyling, as defined by
subdivision 19, but a person who performs only services under subdivision 19 is not a hair
technician.
new text end

Sec. 2.

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

Sec. 3.

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, nail technology services, new text begin hair technology services, new text end or eyelash
technology services.

Sec. 4.

Minnesota Statutes 2020, section 155A.25, subdivision 1a, is amended to read:

Subd. 1a.

Schedule.

(a) The schedule for fees and penalties is as provided in this
subdivision.

(b) Three-year license fees are as follows:

(1) $195 initial practitioner, manager, or instructor license, divided as follows:

(i) $155 for each initial license; and

(ii) $40 for each initial license application fee;

(2) $115 renewal of practitioner license, divided as follows:

(i) $100 for each renewal license; and

(ii) $15 for each renewal application fee;

(3) $145 renewal of manager or instructor license, divided as follows:

(i) $130 for each renewal license; and

(ii) $15 for each renewal application fee;

(4) $350 initial salon license, divided as follows:

(i) $250 for each initial license; and

(ii) $100 for each initial license application fee;

(5) $225 renewal of salon license, divided as follows:

(i) $175 for each renewal; and

(ii) $50 for each renewal application fee;

(6) $4,000 initial school license, divided as follows:

(i) $3,000 for each initial license; and

(ii) $1,000 for each initial license application fee; and

(7) $2,500 renewal of school license, divided as follows:

(i) $2,000 for each renewal; and

(ii) $500 for each renewal application fee.

(c) Penalties may be assessed in amounts up to the following:

(1) reinspection fee, $150;

(2) manager and owner with expired practitioner found on inspection, $150 each;

(3) expired practitioner or instructor found on inspection, $200;

(4) expired salon found on inspection, $500;

(5) expired school found on inspection, $1,000;

(6) failure to display current license, $100;

(7) failure to dispose of single-use equipment, implements, or materials as provided
under section 155A.355, subdivision 1, $500;

(8) use of prohibited razor-type callus shavers, rasps, or graters under section 155A.355,
subdivision 2, $500;

(9) performing nail or cosmetology services in esthetician salon, or performing esthetician
or cosmetology services in a nail salon, $500;

(10) owner and manager allowing an operator to work as an independent contractor,
$200;

(11) operator working as an independent contractor, $100;

(12) refusal or failure to cooperate with an inspection, $500;

(13) practitioner late renewal fee, $45; and

(14) salon or school late renewal fee, $50.

(d) Administrative fees are as follows:

(1) homebound service permit, $50 three-year fee;

(2) name change, $20;

(3) certification of licensure, $30 each;

(4) duplicate license, $20;

(5) special event permit, $75 per year;

(6) $100 for each temporary military license for a cosmetologist, nail technician, new text begin hair
technician, new text end esthetician, or advanced practice esthetician one-year fee;

(7) expedited initial individual license, $150;

(8) expedited initial salon license, $300;

(9) instructor continuing education provider approval, $150 each year; and

(10) practitioner continuing education provider approval, $150 each year.

Sec. 5.

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, new text begin hair technician, new text end eyelash technician,
advanced practice esthetician, manager, or instructor.

Sec. 6.

Minnesota Statutes 2020, section 155A.27, subdivision 5a, is amended to read:

Subd. 5a.

Temporary military license.

The board shall establish temporary licenses
for a cosmetologist, nail technician, new text begin hair technician, new text end and esthetician in accordance with
section 197.4552.

Sec. 7.

Minnesota Statutes 2020, section 155A.27, subdivision 10, is amended to read:

Subd. 10.

Nonresident licenses.

(a) A nonresident cosmetologist, nail technician, new text begin hair
technician, new text end or esthetician may be licensed in Minnesota if the individual has completed
cosmetology school in a state or country with the same or greater school hour requirements,
has an active license in that state or country, and has passed a board-approved theory and
practice-based examination, the Minnesota-specific written operator examination for
cosmetologist, nail technician, new text begin hair technician, new text end or esthetician. If a test is used to verify the
qualifications of trained cosmetologists, the test should be translated into the nonresident's
native language within the limits of available resources. Licenses shall not be issued under
this subdivision for managers or instructors.

(b) If an individual has less than the required number of school hours, the individual
must have had a current active license in another state or country for at least three years and
have passed a board-approved theory and practice-based examination, and the
Minnesota-specific written operator examination for cosmetologist, nail technician, new text begin hair
technician, new text end or esthetician. If a test is used to verify the qualifications of trained
cosmetologists, the test should be translated into the nonresident's native language within
the limits of available resources. Licenses must not be issued under this subdivision for
managers or instructors.

(c) Applicants claiming training and experience in a foreign country shall supply official
English-language translations of all required documents from a board-approved source.

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, new text begin hair technician, new text end esthetician,
advanced practice esthetician, eyelash technician, 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, new text begin hair technician, new text end 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, new text begin hair salon,
new text end esthetician salon, advanced practice esthetician salon, or eyelash extension salon. A salon
may hold more than one type of salon license.

Sec. 10.

Minnesota Statutes 2020, section 155A.30, subdivision 2, is amended to read:

Subd. 2.

Standards.

The board shall by rule establish minimum standards of course
content and length specific to the educational preparation prerequisite to testing and licensing
as cosmetologist, esthetician, new text begin hair technician, new text end and nail technician.

Sec. 11. new text begin APPROPRIATION; BOARD OF COSMETOLOGY.
new text end

new text begin $....... in fiscal year 2022 is appropriated from the general fund to the Board of
Cosmetology for implementing a system of licensing for hair technicians.
new text end