Minnesota Legislature
SF 1641
as introduced - 90th Legislature (2017 - 2018) Posted on 03/02/2017 10:05am
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| Introduction | Posted on 02/28/2017 |
Current Version - as introduced
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A bill for an act
relating to cosmetology; making technical changes to definitions; clarifying eyelash
extension regulation; authorizing rulemaking; amending Minnesota Statutes 2016,
sections 155A.23, subdivisions 10, 15, 16, by adding a subdivision; 155A.29,
subdivision 2; 155A.30, subdivisions 2, 5; Laws 2015, chapter 77, article 2, section
81; repealing Minnesota Statutes 2016, section 155A.23, subdivision 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 155A.23, is amended by adding a subdivision
to read:
new text begin Subd. 9a. new text end
new text begin Salon manager. new text end
new text begin
A "salon manager" is any person who is a practitioner and
licensed to serve as a designated licensed salon manager, as defined in section 155A.23,
subdivision 15.
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. 2.
Minnesota Statutes 2016, section 155A.23, subdivision 10, is amended to read:
Subd. 10.
School.
A "school" is a place where any person deleted text begin operates and maintains a class
to teachdeleted text end new text begin provides training on regulatednew text end cosmetology deleted text begin to the public for compensationdeleted text end new text begin services
requiring licensurenew text end . "School" does not include a place where the only teaching of cosmetology
is deleted text begin done by a licensed cosmetologist asdeleted text end part of a deleted text begin community education program of less than
ten hours duration, provided that the program does not permit practice on persons other
than students in the program, and provided that the program is intended solely for the
self-improvement of the students and not as preparation for professional practice.deleted text end new text begin a continuing
education course required for license renewal, additional training offered to licensed
individuals, or training intended solely for the self-improvement of the attendees and not
as preparation for professional practice.
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. 3.
Minnesota Statutes 2016, section 155A.23, subdivision 15, is amended to read:
Subd. 15.
Designated licensed salon manager.
A "designated licensed salon manager"
is a new text begin licensed salon new text end manager designated by a salon owner and registered with the board, who
is responsible with the salon owner for salon and practitioner compliance.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2016, section 155A.23, subdivision 16, is amended to read:
Subd. 16.
School manager.
A "school manager" is a deleted text begin cosmetologist who is a salon
manager and who has a school manager license. A school manager must maintain an active
salon manager's licensedeleted text end new text begin person who is licensed to serve as a designated school manager, as
defined in section 155A.23, subdivision 17new 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. 5.
Minnesota Statutes 2016, section 155A.29, subdivision 2, is amended to read:
Subd. 2.
Requirements.
The conditions and process by which a salon is licensed shall
be established by the board by rule. In addition to those requirements, no license shall be
issued unless the board first determines that the conditions in clauses (1) to (5) have been
satisfied:
(1) compliance with all local and state laws, particularly relating to matters of infection
control, health, and safety;
(2) the deleted text begin employmentdeleted text end new text begin appointmentnew text end of a new text begin designated licensed salon new text end manager, as defined in
section 155A.23, subdivision deleted text begin 8deleted text end new text begin 15new text end ;
(3) if applicable, evidence of compliance with workers' compensation section 176.182;
and
(4) evidence of continued professional liability insurance coverage of at least $25,000
for each claim and $50,000 total coverage for each policy year for each operator.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Minnesota Statutes 2016, 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
new text begin practitioner new text end licensing deleted text begin as cosmetologist, esthetician, and nail techniciandeleted 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. 7.
Minnesota Statutes 2016, section 155A.30, subdivision 5, is amended to read:
Subd. 5.
Conditions precedent to issuance.
A license must not be issued unless the
board first determines that the applicant has met the requirements in clauses (1) to deleted text begin (8)deleted text end new text begin (9)new text end :
(1) the applicant must have a sound financial condition with sufficient resources available
to meet the school's financial obligations; to refund all tuition and other charges, within a
reasonable period of time, in the event of dissolution of the school or in the event of any
justifiable claims for refund against the school; to provide adequate service to its students
and prospective students; and to maintain proper use and support of the school;
(2) the applicant must have satisfactory training facilities with sufficient tools and
equipment and the necessary number of work stations to adequately train the students
currently enrolled, and those proposed to be enrolled;
(3) the applicant must employ a sufficient number of qualified instructors trained by
experience and education to give the training contemplated;
(4) the premises and conditions under which the students work and study must be sanitary,
healthful, and safe according to modern standards;
(5) each occupational course or program of instruction or study must be of such quality
and content as to provide education and training that will adequately prepare enrolled
students for testing, licensing, and entry level positions deleted text begin as a cosmetologist, esthetician, or
nail techniciandeleted text end ;
(6) the school must have coverage by professional liability insurance of at least $25,000
per incident and an accumulation of $150,000 for each premium year;
(7) the applicant shall provide evidence of the school's compliance with section 176.182;
(8) the applicant, except the state and its political subdivisions as described in section
deleted text begin 471.617deleted text end new text begin 13.02new text end , subdivision deleted text begin 1deleted text end new text begin 11new text end , deleted text begin shalldeleted text end new text begin mustnew text end file with the board a continuous corporate surety
bond in the amount of new text begin no less than ten percent of the preceding year's gross income from
student tuition, fees, and other required institutional charges, but in no event less than
new text end $10,000, conditioned upon the faithful performance of all contracts and agreements with
students made by the applicant.new text begin New schools must base the bond amount on the anticipated
gross income from student tuition, fees, and other required institutional charges for the third
year of operation, but in no event less than $10,000. The applicant must compute the amount
of the surety bond and verify that the amount of the surety bond complies with this
subdivision.new text end The bond shall run to the deleted text begin state of Minnesotadeleted text end new text begin boardnew text end and to any person who may
have a cause of action against the applicant arising at any time after the bond is filed and
before it is canceled for breach of any contract or agreement made by the applicant with
any student. deleted text begin The aggregate liability of the surety for all breaches of the conditions of the
bond shall not exceed $10,000.deleted text end The surety of the bond may cancel it upon giving 60 days'
notice in writing to the board and shall be relieved of liability for any breach of condition
occurring after the effective date of cancellation; and
(9) the applicant mustdeleted text begin , at all times during the term of the license, employdeleted text end new text begin appointnew text end a
designated deleted text begin licenseddeleted text end school manager deleted text begin who maintains a cosmetology salon manager licensedeleted 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. 8.
Laws 2015, chapter 77, article 2, section 81, the effective date, is amended to read:
EFFECTIVE DATE.
Paragraph (a) of this section is effective the day following final
enactment. Paragraph (b) of this section is effective January 1, deleted text begin 2016deleted text end new text begin 2017new text end , and expires
January 1, deleted text begin 2019deleted text end new text begin 2020new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from January 1, 2016.
new text end
Sec. 9. new text begin EYELASH TECHNICIAN GRANDFATHERING.
new text end
new text begin
(a) The board must issue grandfathered eyelash technician licenses no later than February
1, 2018, under the conditions in this section:
new text end
new text begin
(b) A complete grandfathering application for an eyelash technician license must be
received in the board office between August 1, 2017, and January 31, 2018, and must contain:
new text end
new text begin
(1) proof of a high school diploma or equivalent;
new text end
new text begin
(2) proof of completion of an eyelash extension training course before July 1, 2017;
new text end
new text begin
(3) proof of completion of a six-hour board-approved public health and safety course
provided by a board-licensed school or a board-recognized professional association organized
under chapter 317A. Four hours must be related to health, safety, and infection control and
two hours must be related to Minnesota laws and rules governing cosmetology;
new text end
new text begin
(4) original passing results no more than one year old of board-approved laws and rules
test and theory tests; and
new text end
new text begin
(5) the practitioner fees required under section 155A.25.
new text end
new text begin
(c) A complete grandfathering application for an eyelash salon manager license must
be received in the board office between August 1, 2017, and January 31, 2018, and must
contain:
new text end
new text begin
(1) proof of a high school diploma or equivalent;
new text end
new text begin
(2) proof of completion of an eyelash extension training course before July 1, 2017;
new text end
new text begin
(3) documentation of at least 2,700 hours of experience performing eyelash extensions
within the last three years;
new text end
new text begin
(4) original passing results no more than one year old of board-approved laws and rules
test and theory tests;
new text end
new text begin
(5) original passing results no more than one year old of board-approved salon manager
test;
new text end
new text begin
(6) proof of a six-hour board-approved public health and safety course provided by a
board-licensed school or a board-recognized professional association organized under
chapter 317A. Four hours must be related to infection control and two hours must be 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
new text begin
(d) Grandfathered licenses must not be expedited under section 155A.25, subdivision
7. The application timelines under section 155A.25, subdivisions 5, 6, and 8, do not apply
to grandfathered licenses.
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 EYELASH TECHNICIAN RULEMAKING.
new text end
new text begin
The Board of Cosmetologist Examiners shall adopt rules governing the eyelash technician
and salon licenses, which must include scope of practice, the conditions and process of
issuing and renewing the license, requirements related to education and testing, and 14 hours
of training regarding application of eyelash extensions in a board-licensed school. The board
may use the expedited rule process in Minnesota Statutes, section 14.389.
new text end
Sec. 11. new text begin EYELASH TECHNICIAN LICENSING.
new text end
new text begin
The Board of Cosmetologist Examiners must not issue an eyelash practitioner license
before February 1, 2018, except for grandfathered licenses issued under section 9.
new text end
Sec. 12. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2016, section 155A.23, subdivision 8,
new text end
new text begin
is repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 17-2298
155A.23 DEFINITIONS.
Subd. 8.
Manager.
A "manager" is any person who is a cosmetologist, esthetician, advanced practice esthetician, nail technician practitioner, or eyelash technician practitioner, and who has a manager license and provides any services under that license, as defined in subdivision 3.