HF 3702

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2024 03:51pm

A bill for an act
relating to barbers; modifying provisions relating to the Board of Barber Examiners;
amending Minnesota Statutes 2022, sections 154.001, subdivision 2; 154.003;
154.01; 154.02, subdivisions 1, 4, by adding subdivisions; 154.05; 154.07,
subdivision 1, by adding a subdivision; 154.08; 154.09; 154.11, subdivision 1, by
adding a subdivision; repealing Minnesota Rules, parts 2100.2500; 2100.2600;
2100.2900; 2100.3000; 2100.3200; 2100.3300; 2100.4500; 2100.5200, subparts
1, 2, 5; 2100.5300; 2100.6000.

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

Section 1.

Minnesota Statutes 2022, section 154.001, subdivision 2, is amended to read:

Subd. 2.

Board of Barber Examiners.

(a) A Board of Barber Examiners is established
to consist of four barber members and one public member, as defined in section 214.02,
appointed by the governor.

(b) The barber members shall be persons who have practiced as registered barbers in
this state for at least five years immediately prior to their appointment; shall be graduates
from the 12th grade of a high school or have equivalent education, and shall have knowledge
of the matters to be taught in registered barber schools, as set forth in section 154.07. deleted text begin One
of the barber members shall be a member of, or recommended by, a union of journeymen
barbers that has existed at least two years, and one barber member shall be a member of,
or recommended by, a professional organization of barbers.
deleted text end

Sec. 2.

Minnesota Statutes 2022, section 154.003, is amended to read:

154.003 FEES.

(a) The fees collected, as required in this chapter, chapter 214, and the rules of the board,
shall be paid to the board. The board shall deposit the fees in the general fund in the state
treasury.

(b) The board shall charge the following fees:

(1) new text begin practical new text end examination deleted text begin and certificate deleted text end , registered barber, deleted text begin $85 deleted text end new text begin $80 new text end ;

deleted text begin (2) retake of written examination, $10;
deleted text end

new text begin (2) initial barber registration, $80;
new text end

(3) examination and certificate, instructor, $180;

(4) certificate, instructor, $65;

(5) temporary teacher permit, $80;

(6) temporary registered barber, military, $85;

(7) temporary barber instructor, military, $180;

(8) renewal of registration, registered barber, $80;

(9) renewal of registration, instructor, $80;

(10) renewal of temporary teacher permit, $65;

(11) student permit, $45;

(12) renewal of student permit, $25;

(13) initial shop registration, $85;

(14) initial school registration, $1,030;

(15) renewal shop registration, $85;

(16) renewal school registration, $280;

(17) restoration of registered barber registration, $95;

(18) restoration of shop registration, $105;

(19) change of ownership or location, $55;

(20) duplicate registration, $40;

(21) home study course, $75;

(22) letter of registration verification, $25; and

(23) reinspection, $100.

new text begin (c) If the board uses a board-approved examination provider for any portion of the
comprehensive registered barber examination and the provider charges a fee, an examinee
must pay the fee directly to the provider. A fee charged by a provider under this paragraph
is separate from and not included in the fees that an examinee pays to the board.
new text end

Sec. 3.

Minnesota Statutes 2022, section 154.01, is amended to read:

154.01 REGISTRATION MANDATORY.

(a) The registration of the practice of barbering serves the public health and safety of
the people of the state of Minnesota by ensuring that individuals seeking to practice the
profession of barbering are appropriately trained in the use of the chemicals, tools, and
implements of barbering and demonstrate the skills necessary to conduct barber services in
a safe, sanitary, and appropriate environment required for infection control.

(b) No person shall practice, offer to practice, or attempt to practice barbering without
a current certificate of registration as a registered barber, issued deleted text begin pursuant to provisions of
sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to
154.28 deleted text end by the Board of Barber Examiners.

(c) A registered barber must only provide barbering services in a registered barber shop
or barber school, unless prior authorization is given by the board.

(d) No person shall operate a barber shop unless it is at all times under the direct
supervision and management of a registered barber and the owner or operator of the barber
shop possesses a current shop registration card, issued to the barber shop establishment
address deleted text begin , under sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21,
and 154.24 to 154.28 deleted text end by the Board of Barber Examiners.

(e) No person shall serve, offer to serve, or attempt to serve as an instructor of barbering
without a current certificate of registration as a registered instructor of barbering or a
temporary permit as an instructor of barbering, as provided for the board by rule, issued
deleted text begin under sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24
to 154.28 deleted text end by the Board of Barber Examiners. Barber instruction must be provided in
registered barber schools only.

(f) No person shall operate a barber school unless the owner or operator possesses a
current certificate of registration as a barber school, issued deleted text begin under sections 154.001, 154.002,
154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 deleted text end by the Board of Barber
Examiners.

Sec. 4.

Minnesota Statutes 2022, section 154.02, subdivision 1, is amended to read:

Subdivision 1.

What constitutes barbering.

Any one or any combination of the
following practices when done upon the head, face, and neck for cosmetic purposes and not
for the treatment of disease or physical or mental ailments and when done for payment
directly or indirectly or without payment for the public generally constitutes the practice of
barbering within the meaning of deleted text begin sections 154.001, 154.002, 154.003, 154.01 to 154.162,
154.19 to 154.21, and 154.24 to 154.28 deleted text end new text begin this chapter new text end : to shave the face or neck new text begin using a straight
razor or other tool new text end , trim the beard, clean, condition, cut, color, shape, or straighten the hair
of any person of either sex for compensation or other reward received by the person
performing such service or any other person; to give facial and scalp massage with oils,
creams, lotions, or other preparations either by hand or mechanical appliances; to singe,
shampoo the hair, or apply hair tonics; or to apply cosmetic preparations, antiseptics,
powders, oils, clays, or lotions to hair, scalp, face, or neck. new text begin The removal of hair through the
process of waxing is not barbering.
new text end

Sec. 5.

Minnesota Statutes 2022, section 154.02, subdivision 4, is amended to read:

Subd. 4.

Certificate of registration.

A "certificate of registration" means the certificate
issued to an individual, new text begin a new text end barber shop, or new text begin a new text end barber school that is in compliance with deleted text begin the
requirements of sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21,
and 154.24 to 154.28 deleted text end new text begin this chapter new text end .

Sec. 6.

Minnesota Statutes 2022, section 154.02, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Straight razor. new text end

new text begin A straight razor is a razor with a rigid steel cutting blade or a
replaceable blade that is hinged to a case that forms a handle when the razor is open for use.
new text end

Sec. 7.

Minnesota Statutes 2022, section 154.02, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Waxing. new text end

new text begin Waxing is the process of removing hair from a part of the body by
applying wax and peeling off the wax.
new text end

Sec. 8.

Minnesota Statutes 2022, section 154.05, is amended to read:

154.05 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A
REGISTERED BARBER.

deleted text begin (a) deleted text end A person is qualified to receive a certificate of registration as a registered barber if
the person:

(1) deleted text begin has successfully completed ten grades of education deleted text end new text begin is at least 17 years of age new text end ;

(2) has successfully completed deleted text begin 1,500 deleted text end new text begin 1,200 new text end hours of study new text begin of which 281 hours are
classroom hours and 919 hours are practical hours new text end in a board-approved barber school; and

(3) has passed deleted text begin an deleted text end new text begin a comprehensive new text end examination deleted text begin conducted by the board deleted text end new text begin in accordance
with section 154.09 new text end to determine new text begin the person's new text end fitness to practice barbering.

deleted text begin (b) A first-time applicant for a certificate of registration to practice as a registered barber
who fails to pass the comprehensive examination conducted by the board and who fails to
pass a onetime retake of the written examination, shall complete an additional 500 hours
of barber education before being eligible to retake the comprehensive examination as many
times as necessary to pass.
deleted text end

Sec. 9.

Minnesota Statutes 2022, section 154.07, subdivision 1, is amended to read:

Subdivision 1.

Admission requirements; course of instruction.

No barber school shall
be approved by the board unless deleted text begin it deleted text end new text begin the barber school new text end requires, deleted text begin as a prerequisite to admission,
ten grades of an approved school or its equivalent, as determined by educational transcript,
high school diploma, high school equivalency certificate, or an examination conducted by
the commissioner of education, which shall issue a certificate that the student has passed
the required examination, and unless it requires, deleted text end as a prerequisite to graduation, a course of
instruction of at least deleted text begin 1,500 deleted text end new text begin 1,200 new text end hours of not more than ten hours of schooling in any one
working day. The course of instruction must include the following subjects: scientific
fundamentals for barbering; hygiene; practical study of the hair, skin, muscles, and nerves;
structure of the head, face, and neck; elementary chemistry relating to sanitation; disinfection;
sterilization and antiseptics; diseases of the skin, hair, and glands; massaging and
manipulating the muscles of the face and neck; haircutting; shaving; trimming the beard;
bleaching, tinting and dyeing the hair; and the chemical waving and straightening of hair.

Sec. 10.

Minnesota Statutes 2022, section 154.07, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Application review process. new text end

new text begin (a) Upon receipt of an application to establish a
barber school, the board must consider the application during a meeting that is open to the
public. At the meeting, the applicant must demonstrate that:
new text end

new text begin (1) the contents of the application are true, as required by chapter 154 and the rules of
the board; and
new text end

new text begin (2) the applicant has sufficient financial resources to fund the barber school.
new text end

new text begin (b) The board may deny an application if the board determines that the applicant's
financial resources would be insufficient to:
new text end

new text begin (1) maintain and operate a barber school; and
new text end

new text begin (2) ensure that the barber school would be open long enough for all registered students
to graduate from the barber school.
new text end

Sec. 11.

Minnesota Statutes 2022, section 154.08, is amended to read:

154.08 APPLICATION; FEE.

new text begin Subdivision 1. new text end

new text begin Application and fee requirements. new text end

Each applicant for an examination
shall:

(1) make new text begin an new text end application to the Board of Barber Examiners new text begin or a board-approved
examination provider new text end on blank forms prepared and furnished by deleted text begin it, the application to deleted text end new text begin the
board or the board-approved provider. The application must new text end contain proof under the
applicant's oath of the particular qualifications and identity of the applicant;

(2) provide all documentation required in support of the application;

(3) pay to the board the required fee; deleted text begin and
deleted text end

(4) upon acceptance of the notarized application new text begin , new text end present a corresponding
government-issued photo identification when the applicant appears for new text begin the new text end examination deleted text begin . deleted text end new text begin ;
and
new text end

new text begin (5) file an application with the board no later than the twentieth day of the month
preceding the month when the practical portion of the exam is administered.
new text end

Sec. 12.

Minnesota Statutes 2022, section 154.09, is amended to read:

154.09 EXAMINATIONS, CONDUCT AND SCOPE.

new text begin Subdivision 1. new text end

new text begin Examination dates. new text end

The board new text begin or a board-approved examination provider
new text end shall conduct new text begin practical new text end examinations of applicants for certificates of registration to practice
as registered barbers not more than deleted text begin six deleted text end new text begin eight new text end times each year, at such time and place as the
board may determine. deleted text begin Additional deleted text end Written examinations may be scheduled deleted text begin by the board deleted text end and
conducted by board staff new text begin or a board-approved provider new text end as designated by the board.

new text begin Subd. 2. new text end

new text begin Documentation required. new text end

The deleted text begin proprietor deleted text end new text begin owner or operator new text end of a barber school
must file an affidavit with the board of hours completed by students applying to take the
deleted text begin registered barber deleted text end new text begin comprehensive new text end examination. Students must complete the full deleted text begin 1,500-hour deleted text end new text begin
1,200-hour new text end curriculum in a barber school approved by the board deleted text begin within the past four years deleted text end
to be eligible for new text begin the new text end examination. deleted text begin Barber students who have completed barber school more
than four years prior to application, that have not obtained a barber registration, license, or
certificate in any jurisdiction must complete an additional 500 hours of barber school
education to be eligible for the registered barber examination.
deleted text end

new text begin Subd. 3. new text end

new text begin Examinations for registration restoration. new text end

deleted text begin Registered barbers that fail deleted text end new text begin An
individual who fails new text end to renew deleted text begin their deleted text end new text begin the individual's barber new text end registration for four or more years
deleted text begin are deleted text end new text begin is new text end required to new text begin purchase and complete the "Home Study Course for Barbers" program
that was prepared and approved by the board before the individual is eligible to apply to
new text end take the deleted text begin registered barber deleted text end new text begin comprehensive new text end examination to reinstate the new text begin individual's new text end registration.

new text begin Subd. 4. new text end

new text begin Examinations for individuals seeking reciprocity. new text end

new text begin An individual who must
pass the comprehensive examination under section 154.11 must purchase and complete the
"Home Study Course for Barbers" program that was prepared and approved by the board
before the individual is eligible to take the comprehensive examination.
new text end

new text begin Subd. 5. new text end

new text begin Contents of examination. new text end

The new text begin comprehensive new text end examination deleted text begin of applicants for
certificates of registration as barbers shall deleted text end new text begin must new text end include new text begin :
new text end

new text begin (1) new text end a practical deleted text begin demonstration deleted text end new text begin portion that consists of: a haircut and three of the following
practical services that the board shall determine: a shave, a beard trim, a shampoo, a perm
wrap, a facial, or a color application; new text end and

new text begin (2) new text end a written deleted text begin test. The examination must cover deleted text end new text begin portion that covers new text end the subjects taught in
barber schools deleted text begin registered with the board, including deleted text end new text begin as required by this chapter, new text end applicable
state deleted text begin statute deleted text end new text begin statutes, new text end and deleted text begin rule deleted text end new text begin rules new text end .

new text begin Subd. 6. new text end

new text begin Examination grading. new text end

new text begin The comprehensive examination must be graded as
follows:
new text end

new text begin (1) the grading for the practical portion of the examination must be on a scale of one to
100, with 100 representing a perfect score. A score of 75 must be the minimum passing
grade for the haircut portion and 75 must be the minimum passing score for the average of
the remaining parts of the practical examination; and
new text end

new text begin (2) the grading criteria for the written portion of the examination must not be less than
75 percent.
new text end

new text begin Subd. 7. new text end

new text begin Failure of examination. new text end

new text begin (a) An individual who does not pass one portion of
the comprehensive examination within a year of passing the other portion of the
comprehensive examination must retake the entire comprehensive examination.
new text end

new text begin (b) An individual who has failed a portion of the comprehensive examination may retake
that portion of the examination within a year of passing the other portion after meeting the
requirements of this chapter, paying any required fees, and making an application to the
board as required by section 154.08.
new text end

Sec. 13.

Minnesota Statutes 2022, section 154.11, subdivision 1, is amended to read:

Subdivision 1.

Examination of nonresidents.

(a) A person who meets all of the
requirements for barber registration in deleted text begin sections 154.001, 154.002, 154.003, 154.01 to
154.162, 154.19 to 154.21, and 154.24 to 154.28 deleted text end new text begin this chapter new text end and either has a currently
active license, certificate of registration, or equivalent as a practicing barber or instructor
of barbering as verified from another state or, if presenting foreign country credentials as
verified by a board-approved professional credential evaluation provider, which in the
discretion of the board has substantially the same requirements for registering barbers and
instructors of barbering as required deleted text begin by sections 154.001, 154.002, 154.003, 154.01 to
154.162, 154.19 to 154.21, and 154.24 to 154.28 deleted text end new text begin in this chapter new text end shall, upon payment of the
required fee, be issued a certificate of registration without examination.

(b) Individuals without a current documented license, certificate of registration, or
equivalent, as verified in paragraph (a), must have a minimum of deleted text begin 1,500 deleted text end new text begin 1,200 new text end hours of
barber education as verified by the barber school attended in the other state or if presenting
foreign country education as verified by a board-approved professional credential evaluation
provider, completed within the previous four years, which, in the discretion of the board,
has substantially the same requirements as required in deleted text begin sections 154.001, 154.002, 154.003,
154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 deleted text end new text begin this chapter new text end will be eligible for
examination.

(c) Individuals unable to meet the requirements in paragraph (a) or (b) shall be subject
to all the requirements of section 154.05.

Sec. 14.

Minnesota Statutes 2022, section 154.11, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Examination of cosmetologists. new text end

new text begin (a) A person may be credited with up to 800
hours of study toward the 1,200 hours of study required under section 154.05 if the person:
new text end

new text begin (1) has hours of study that the board determines are substantially similar to the
requirements in section 154.07;
new text end

new text begin (2) has a currently active license verified by the issuing state or a certificate of registration
verified by the issuing state, or equivalent, as a practicing cosmetologist; or
new text end

new text begin (3) has credentials as a practicing cosmetologist from a foreign country that are verified
by a board-approved professional credential evaluation provider and the board has determined
that the foreign country's curriculum requirements are substantially similar to the
requirements in section 154.07.
new text end

new text begin (b) After a person with credited hours under paragraph (a) completes the remaining
required hours in a board-approved barber school and meets the requirements of section
154.05, clause (1), the person is eligible for the comprehensive examination.
new text end

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Rules, parts 2100.2500; 2100.2600; 2100.2900; 2100.3000; 2100.3200;
2100.3300; 2100.4500; 2100.5200, subparts 1, 2, and 5; 2100.5300; and 2100.6000, new text end new text begin are
repealed.
new text end

APPENDIX

Repealed Minnesota Rule: 24-05226

2100.2500 EXAMINATION DATES.

Examinations for a certificate as a registered barber shall be held in the second week of February, May, August, and November of each year. Notice of the examination shall be given during the first week of the month preceding the month in which the examination is to be held. Two additional examinations may be held when the board determines it is cost efficient.

2100.2600 APPLICATION FOR EXAMINATION.

An applicant for examination as a registered barber shall file an application for examination on forms furnished by the board. This application must be filed with the board no later than the 20th day of the month preceding the month in which the examination is to be given; provided, however, that the board shall, upon the showing of a hardship, accept applications at a later date.

Applicants for registered barber status must complete the program entitled "Home Study Course for Barbers" prepared or approved by the Board of Barber Examiners before the examination may be taken.

2100.2900 CONTENTS OF EXAMINATION.

An examination consists of five parts: a written examination and four practical services. The type of haircut, shave or beard trim, and two of the following practical services: shampoo, perm wrap, facial, or color application, will be determined at the discretion of the board.

2100.3000 GRADING OF EXAMINATION.

The registered barber examinations given pursuant to Minnesota Statutes, section 154.09, shall be graded as follows: The grading criteria for the written part of the examination and the passing grade will be established for each written examination at the time of its preparation; however, the lowest passing grade established shall never be less than 55. The grading for the practical performances part of the examination will be on a scale of 1 to 100 with 100 representing a perfect score. A score of 75 will be the minimum passing grade for the haircut portion, and 75 will also be the minimum passing score for the average of the remaining parts of the practical performances. If an applicant does not receive at least the established minimum passing grade on the written portion of the examination, or at least a grade of 75 on the haircut portion of the examination, or score an average of at least 75 on the remaining parts of the practical examination, the applicant will have failed the examination, and may only retake the examination after paying the necessary fee and meeting the requirements of Minnesota Statutes, section 154.05.

2100.3200 FAILURE OF EXAMINATION.

An individual who has not held a Minnesota barber registration prior to examination and who fails the examination and onetime written retake, if applicable, shall complete an additional 500 hours of barber school to be eligible to retake the examination as many times as necessary to pass.

An individual who has previously held a Minnesota barber registration as an apprentice or registered barber may take the examination as many times as necessary to reinstate the registration without additional barber school hours.

2100.3300 FAILURE TO RENEW CERTIFICATE WITHIN FOUR YEARS.

A registered barber who has failed to renew the certificate of registration for four years or more from the date of expiration must complete the current program entitled "Home Study Course for Barbers" prepared or approved by the Board of Barber Examiners and take and pass the registered barber examination before a certificate of registration may be issued. Home Study Course for Barbers is required prior to examination for all examinees.

2100.4500 INSTRUCTOR REGISTRATION QUALIFICATION.

To qualify for an instructor's examination, an applicant must be a registered barber with three years' experience.

2100.5200 CONSIDERATIONS IN REGISTRATION ISSUANCE.

Subpart 1.

Factors.

Upon receipt of an application for establishment of a barber school, the board shall give consideration to the factors in subparts 2 and 5.

Subp. 2.

Public welfare.

The board shall give consideration to any detriment to the public welfare and the need for barber school facilities in the community and neighborhood where the proposed barber school is to be located, giving particular consideration to:

A.

the economic character of the community and neighborhood;

B.

the effect on existing barber shops and barber schools in the community;

C.

the availability of adequate support for the proposed barber school in the community and neighborhood with particular regard to adequate practice for students;

D.

the extent to which the proposed barber school would draw patrons from adjacent communities or neighborhoods and the character thereof; and

E.

the effect of the establishment of a barber school on the social and economic aspects of the community and neighborhood and adjacent communities and neighborhoods in regard to the proposed site.

Subp. 5.

Student-registered instructor ratio.

There must be at least one instructor for every 17 students enrolled.

2100.5300 PUBLIC HEARING ON REGISTRATION APPLICATION.

Upon receipt of an application for the establishment of a barber school, the board shall conduct a public hearing in accordance with Minnesota Statutes, chapter 14, and rules promulgated thereunder. The applicant shall show at such hearing, by competent evidence, the factual basis of the assertions of the application and the applicant's qualifications as required by Minnesota Statutes, chapter 154, and the rules of the board. The applicant shall further show financial qualifications and it shall be a sufficient reason for denial of the application that the board considers the financial resources of the applicant to be insufficient to maintain and operate a barber school and assure the graduation of students who are registered in such school and have paid their tuition.

2100.6000 HOURS OF INSTRUCTION.

Each student, including each part-time student, must complete at least 281 classroom hours and 1,219 practical hours in the required 1,500-hour course.