Minnesota Legislature
HF 2230
as introduced - 91st Legislature (2019 - 2020) Posted on 02/24/2020 04:36pm
Bill Text Versions
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| Introduction | Posted on 03/07/2019 |
Current Version - as introduced
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A bill for an act
relating to cosmetology; modifying salon licensure requirements and continuing
education requirements; amending Minnesota Statutes 2018, sections 155A.23,
subdivision 9, by adding subdivisions; 155A.271; 155A.29, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 155A.23, subdivision 9, is amended to read:
Subd. 9.
Salon.
A "salon" is an area, room, or rooms deleted text begin employed to offerdeleted text end new text begin that functions
in offering and providingnew text end personal services, as defined in subdivision 3new text begin by practitionersnew text end .
deleted text begin "Salon"deleted text end new text begin Salonnew text end does not include the home of a customernew text begin ,new text end but the board may adopt health and
infection control rules governing practice in the homes of customers.
Sec. 2.
Minnesota Statutes 2018, section 155A.23, is amended by adding a subdivision to
read:
new text begin Subd. 9a. new text end
new text begin Salon franchisor. new text end
new text begin
A salon franchisor is a company that grants rights to a third
party to conduct business as a salon under the franchisor's marks. A salon franchisor owns
the overall rights and trademarks of the company and allows its franchisees to use these
rights and trademarks to do business.
new text end
Sec. 3.
Minnesota Statutes 2018, section 155A.23, is amended by adding a subdivision to
read:
new text begin Subd. 19. new text end
new text begin Professional association. new text end
new text begin
A professional association is a member-based
nonprofit corporation organized under chapter 317A that brings together individuals with
a common interest in cosmetology.
new text end
Sec. 4.
Minnesota Statutes 2018, section 155A.271, is amended to read:
155A.271 CONTINUING EDUCATION REQUIREMENTS.
Subdivision 1.
Continuing education requirements.
(a) To qualify for license renewal
under this chapter as an individual cosmetologist, nail technician, 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. new text begin Any class offered under this paragraph must also offer information
regarding resources available to individuals affected by domestic abuse and violence. new text end 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) deleted text begin Effective August 1, 2017,deleted text end 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 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.
deleted text begin Subd. 1a. deleted text end
deleted text begin Product sales or marketing prohibited. deleted text end
deleted text begin
The marketing or sale of any product
is prohibited during a continuing education class receiving credit under subdivision 1.
deleted text end
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 deleted text begin organized under chapter 317Adeleted text end new text begin that is domiciled
in the state of Minnesota new text end may be approved by the board to offer continuing education
new text begin instruction new text end for credit under subdivision 1, paragraph (a). Continuing education under
subdivision 1, paragraph (b), may be offered new text begin upon approval new text end by a:
(1) board-licensed school of cosmetology;
(2) board-recognized professional association deleted text begin organized under chapter 317A; ordeleted text end new text begin that is
domiciled in the state of Minnesota;
new text end
(3) board-licensed salondeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(4) board-recognized salon franchisor that is domiciled in the state of Minnesota for
their employees and franchisee employees.
new text end
deleted text begin An approveddeleted text end new text begin Only a board-recognizednew text end school deleted text begin ordeleted text end new text begin , board-recognizednew text end professional
associationnew text begin , or board-recognized salon franchisor that has been approved as a providernew text end may
offer web-based continuing education instruction to achieve maximum involvement of
licensees. new text begin The board shall have unrestricted access to view any class offering that is
web-based. new text end Continuing education providers are encouraged to offer classes available in
foreign language formats.
(b) Board approval of any continuing education provider is valid for one calendar year
and is contingent upon submission and preapproval of the lesson plan or plans deleted text begin withdeleted text end new text begin that
outlinenew text end 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). The board shall maintain a
list of approved providers and courses on the board's website. The board may revoke
authorization of a continuing education provider at any time for just cause new text begin for failings under
this section new text end and the board deleted text begin maydeleted text end new text begin mustnew text end demand deleted text begin returndeleted text end new text begin the immediate surrendernew text end of documents
required new text begin of the provider new text end under subdivision 3new text begin if authorization is revokednew text end .
new text begin
(c) A provider who ceases offering continuing education instruction must comply with
subdivision 3.
new text end
new text begin
(d) The promoting or sale of any cosmetology-related product is prohibited during a
continuing education class receiving credit under subdivisions 1 and 2, although specific
products may be used in conjunction with demonstration purposes only.
new text end
Subd. 3.
Proof of credits.
new text begin (a) new text end The continuing education provider shall provide deleted text begin todeleted text end licensees
new text begin with new text end documentation establishing 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 completing a class and the
licensee's credit hours awarded by them for five years.
new text begin
(b) If a provider ceases to offer continuing education instruction, the record retention
requirement in this subdivision must be maintained by the provider or by a custodian at the
provider's cost. The custodian must be an existing continuing education provider and
registered with the board on the provider's behalf for audit purposes.
new text end
Subd. 4.
Audit.
The board deleted text begin shalldeleted text end new text begin mustnew text end conduct random audits of active licensees and
continuing education providers to ensure compliance with the requirements of this section.
To initiate an auditnew text begin of an active licenseenew text end , the board deleted text begin shalldeleted text end new text begin mustnew text end notify deleted text begin an active licenseedeleted text end new text begin the
individualnew text end 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 deleted text begin maydeleted text end new text begin mustnew text end request that deleted text begin adeleted text end new text begin thenew text end continuing education providernew text begin , or its custodian of
records,new text end verify a licensee's credits. The providernew text begin , or its custodian of records,new text end 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. The board staff deleted text begin shalldeleted text end new text begin mustnew text end 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.
Sec. 5.
Minnesota Statutes 2018, section 155A.29, subdivision 1, is amended to read:
Subdivision 1.
Licensing.
A person must not offer new text begin or provide regulated new text end 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, advanced practice esthetician salon, or eyelash extension
salon. A salon may hold more than one type of salon license.