HF 4430
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/18/2026 11:49 a.m.
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A bill for an act
relating to cosmetology; modifying provisions relating to the Board of
Cosmetologist Examiners; amending Minnesota Statutes 2024, sections 155A.20;
155A.23, subdivisions 4, 5, 8, 9, 10, 18, by adding a subdivision; 155A.25,
subdivisions 1a, 3, 5, 7; 155A.27, subdivisions 5a, 10, by adding subdivisions;
155A.271, subdivision 2; 155A.29, subdivision 2; 155A.30, subdivisions 3, 4, 5,
6, 7, 8, 9, 11, 12; 155A.31; 155A.32; 155A.33, subdivisions 1, 2, 3, 4, 5, 6, by
adding a subdivision; repealing Minnesota Statutes 2024, section 155A.275; Laws
2017, First Special Session chapter 4, article 1, section 29.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 155A.20, is amended to read:
155A.20 BOARD OF COSMETOLOGIST EXAMINERS CREATED; TERMS.
(a) A Board of Cosmetologist Examiners is established to consist of seven members,
appointed by the governor as follows:
(1) two cosmetologists, one of whom is recommended by a professional association of
cosmetologists, nail technicians, and estheticians;
(2) two school instructors, one of whom is teaching at a public cosmetology school in
the state and one of whom is teaching at a private cosmetology school in the state;
(3) one new text begin advanced practice new text end esthetician;
(4) one nail technician; and
(5) one public member, as defined in section 214.02.
(b) All cosmetologist,new text begin advanced practicenew text end esthetician, and nail technician members must
be currently licensed in the field of cosmetology, nail technology, or deleted text begin esthetology,deleted text end new text begin advanced
practice esthiologynew text end in Minnesotadeleted text begin ,deleted text end new text begin ;new text end have practiced in the licensed occupation for at least five
years immediately prior to their appointmentdeleted text begin , be graduates from grade 12 of high school or
have equivalent education,deleted text end new text begin ;new text end and have knowledge of sections 155A.21 to 155A.36 and
Minnesota Rules, chapters 2105 and 2110.
(c) Membership terms, compensation of members, removal of members, the filling of
membership vacancies, and fiscal year and reporting requirements deleted text begin shalldeleted text end new text begin mustnew text end be as provided
in sections 214.07 to 214.09. The provision of staff, administrative services, and office
space; the review and processing of complaints; the setting of board fees; and other provisions
relating to board operations deleted text begin shalldeleted text end new text begin mustnew text end be as provided in chapter 214.
(d) Members appointed to fill vacancies caused by death, resignation, or removal deleted text begin shalldeleted text end new text begin
mustnew text end serve during the unexpired term of their predecessors.
Sec. 2.
Minnesota Statutes 2024, section 155A.23, subdivision 4, is amended to read:
Subd. 4.
Cosmetologist.
A "cosmetologist" is any person who, for compensation,
performs deleted text begin thedeleted text end personal servicesdeleted text begin , as defined in subdivision 3deleted text end new text begin for the cosmetic care of the hair,
nails, and stratum corneum of the epidermal layer of the skin surfacenew text end .
Sec. 3.
Minnesota Statutes 2024, section 155A.23, subdivision 5, is amended to read:
Subd. 5.
Esthetician.
An "esthetician" is any person who, for compensation, performs
personal services for the cosmetic care of thenew text begin stratum corneum of the epidermal layer of thenew text end
skinnew text begin surfacenew text end only.
Sec. 4.
Minnesota Statutes 2024, 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, hair technician, nail technician deleted text begin practitionerdeleted text end , or eyelash
technician, and who has a manager license and provides any services under that license, as
defined in subdivision 3.
Sec. 5.
Minnesota Statutes 2024, section 155A.23, subdivision 9, is amended to read:
Subd. 9.
Salon.
A "salon" is annew text begin indoornew text end area, room, or rooms employed to offer personal
services, as defined in subdivision 3. deleted text begin "Salon"deleted text end new text begin Salonnew text end does not include the home of a customer
but the board may adopt health and infection control rules governing practice in the homes
of customers.
Sec. 6.
Minnesota Statutes 2024, section 155A.23, subdivision 10, is amended to read:
Subd. 10.
School.
A "school" is a place where deleted text begin any person operates and maintains a class
to teachdeleted text end cosmetologynew text begin instruction or training is offerednew text end to the public for compensation.
deleted text begin "School"deleted text end new text begin Schoolnew text end does not include a place deleted text begin where the only teaching of cosmetology is done
by a licensed cosmetologist as part of a 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 studentsdeleted text end new text begin that only offers continuing education according to this chapter, additional
instruction or training to licensees on services within the licensee's scope of practice, or
community education programs for personal enrichmentnew text end and not as preparation for
professional practice.
Sec. 7.
Minnesota Statutes 2024, section 155A.23, is amended by adding a subdivision to
read:
new text begin Subd. 10a. new text end
new text begin School administrator. new text end
new text begin
"School administrator" means the proprietor, if the
applicant is a proprietorship; the managing partner, if the applicant is a partnership; the
authorized officers, if the applicant is a corporation, association, company, firm, society,
or trust; or the dean, principal, or other authorized signatory, if the applicant is a school in
the Minnesota State Colleges and Universities system or a secondary school.
new text end
Sec. 8.
Minnesota Statutes 2024, section 155A.23, subdivision 18, is amended to read:
Subd. 18.
Practitioner.
A "practitioner" is any person licensed as an operator or manager
in the practice of cosmetology, esthiology,new text begin advanced practice esthiology,new text end hair technology
services, nail technology services, or eyelash technology services.
Sec. 9.
Minnesota Statutes 2024, 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 practitionernew text begin or instructornew text end 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;
deleted text begin
(9) performing nail or cosmetology services in esthetician salon, or performing esthetician
or cosmetology services in a nail salon, $500;
deleted text end
deleted text begin
(10) owner and manager allowing an operator to work as an independent contractor,
$200;
deleted text end
deleted text begin
(11) operator working as an independent contractor, $100;
deleted text end
deleted text begin (12)deleted text end new text begin (9)new text end refusal or failure to cooperate with an inspection, $500;
deleted text begin (13)deleted text end new text begin (10)new text end practitioner late renewal fee, $45; and
deleted text begin (14)deleted text end new text begin (11)new text end 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;
deleted text begin
(5) special event permit, $75 per year;
deleted text end
deleted text begin (6) $100deleted text end new text begin (5) no feenew text end for deleted text begin eachdeleted text end new text begin anew text end temporary military license for a cosmetologist, nail
technician, esthetician, deleted text begin ordeleted text end advanced practice esthetician deleted text begin one-year feedeleted text end new text begin , or eyelash techniciannew text end ;
(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. 10.
Minnesota Statutes 2024, section 155A.25, subdivision 3, is amended to read:
Subd. 3.
Other licenses.
A licensee who applies for licensing in a second category deleted text begin shalldeleted text end new text begin
mustnew text end pay the full license fee and application fee for the second category of license.new text begin If
maintaining more than one license, a licensee must pay the renewal and application fee for
each license except as provided in section 155A.27, subdivision 6b.
new text end
Sec. 11.
Minnesota Statutes 2024, section 155A.25, subdivision 5, is amended to read:
Subd. 5.
Board must approve or deny application; timeline.
Within 15 working days
of receiving a complete application and the required feesnew text begin , if any,new text end to apply for or renew an
individual or salon license that is not an expedited license or a military license, the board
must (1) issue the license, (2) deny the license and notify the applicant of the denial, or (3)
if the conditions in subdivision 6 are met, notify the applicant that the board must conduct
additional review.
Sec. 12.
Minnesota Statutes 2024, section 155A.25, subdivision 7, is amended to read:
Subd. 7.
Temporary military license or expedited license.
Within five business days
of receiving a completed application and the required feesnew text begin , if any,new text end for an individual or salon
license that meets requirements for an expedited license or a temporary military license,
the board must: (1) issue the license; (2) deny the license and notify the applicant of the
denial; or (3) notify the applicant that the board must conduct additional review if the
application meets the conditions in subdivision 8.
Sec. 13.
Minnesota Statutes 2024, section 155A.27, subdivision 5a, is amended to read:
Subd. 5a.
Temporary military license.
The board deleted text begin shalldeleted text end new text begin mustnew text end establish temporary licenses
for a cosmetologist,new text begin anew text end hair technician,new text begin anew text end nail technician,new text begin an eyelash technician, an esthetician,new text end
andnew text begin an advanced practicenew text end esthetician in accordance with section 197.4552new text begin , subdivision 2new text end .new text begin
A temporary license issued under section 197.4552, subdivision 2, is valid for a three-year
licensing period. The board must only issue one temporary license per applicant.
new text end
Sec. 14.
Minnesota Statutes 2024, section 155A.27, is amended by adding a subdivision
to read:
new text begin Subd. 6b. new text end
new text begin Instructor license renewal. new text end
new text begin
(a) When issuing an instructor license to an
individual who holds an operator or a salon manager license in the same classification, the
board must extend the expiration date of the operator or salon manager license so that both
licenses in the same classification expire on the same date.
new text end
new text begin
(b) When an individual simultaneously renews an instructor license and an operator or
a salon manager license in the same classification, the board must charge the individual
only the instructor renewal license and renewal application fee according to section 155A.25,
subdivision 1a, paragraph (b), clause (3), and must not charge a fee for renewing the operator
or salon manager license.
new text end
Sec. 15.
Minnesota Statutes 2024, section 155A.27, subdivision 10, is amended to read:
Subd. 10.
Nonresident licenses.
(a) A nonresident cosmetologist,new text begin anew text end hair techniciannew text begin , an
advanced practice estheticiannew text end ,new text begin anew text end nail technician,new text begin annew text end estheticiannew text begin , or an eyelash techniciannew text end 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, deleted text begin anddeleted text end has passed a board-approved theory and practice-based examination,new text begin and
has passednew text end the Minnesota-specific written operator examination deleted text begin for cosmetologist, hair
technician, nail technician, estheticiandeleted text end . If a test is used to verify the qualifications deleted text begin of trained
cosmetologistsdeleted text end , the test deleted text begin shoulddeleted text end new text begin mustnew text end be translated into the nonresident's native language
within the limits of available resources. Licenses deleted text begin shalldeleted text end new text begin mustnew text end 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 examinationdeleted text begin ,deleted text end and the
Minnesota-specific written operator examination deleted text begin for cosmetologist, hair technician, nail
technician, estheticiandeleted text end . If a test is used to verify the qualifications deleted text begin of trained cosmetologistsdeleted text end ,
the test deleted text begin shoulddeleted text end new text begin mustnew text end 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 deleted text begin shalldeleted text end new text begin mustnew text end supply
official English-language translations of all required documents from a board-approved
source.
Sec. 16.
Minnesota Statutes 2024, section 155A.27, is amended by adding a subdivision
to read:
new text begin Subd. 11. new text end
new text begin Reciprocity for barbers. new text end
new text begin
A person who is a registered barber under chapter
154 may be granted credit up to 500 hours, as determined by a Minnesota-licensed
cosmetology school, toward the required hours of study for a license in cosmetology or hair
technology if the person:
new text end
new text begin
(1) provides the cosmetology school with a verification of registration issued from the
Minnesota Board of Barber Examiners verifying that the person has an active Minnesota
barber registration; and
new text end
new text begin
(2) holds an active Minnesota barber registration at the time that the person applies for
a license in cosmetology or hair technology.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective on January 1, 2027.
new text end
Sec. 17.
Minnesota Statutes 2024, section 155A.271, subdivision 2, is amended to read:
Subd. 2.
Continuing education providers.
(a) Only a board-licensed school of
cosmetology, a postsecondary institution as deleted text begin defineddeleted text end new text begin describednew text end in section 136A.103,new text begin
subdivision 1,new text end paragraph (a), or a board-recognized professional association organized under
chapter 317A may be approved by the board to offer continuing education for credit under
subdivision 1, paragraph (a). Continuing education under subdivision 1, paragraph (b), may
be offered by a:
(1) board-licensed school of cosmetology;
(2) board-recognized professional association organized under chapter 317A; or
(3) board-licensed salon.
An approved school or professional association may offer web-based continuing education
instruction to achieve maximum involvement of licensees. 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 with learning
objectives for the class to be offered and the payment of the application fee in section
155A.25, subdivision 1a, paragraph (d), clause (10). The board deleted text begin shalldeleted text end new text begin mustnew text end 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 and the board
may demand return of documents required under subdivision 3.
Sec. 18.
Minnesota Statutes 2024, section 155A.29, subdivision 2, is amended to read:
Subd. 2.
Requirements.
The conditions and process by which a salon is licensed deleted text begin shalldeleted text end new text begin
mustnew text end be established by the board by rule. In addition to those requirements, deleted text begin nodeleted text end new text begin anew text end license
deleted text begin shalldeleted text end new text begin must notnew text end be issued unless the board first determines that the conditions in clauses (1)
to (4) 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 manager, as defined in section 155A.23, subdivision
8;
(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 deleted text begin operatordeleted text end new text begin practitionernew text end .
Sec. 19.
Minnesota Statutes 2024, section 155A.30, subdivision 3, is amended to read:
Subd. 3.
Applications.
Application for a license deleted text begin shalldeleted text end new text begin mustnew text end be prepared on forms
furnished by the board and deleted text begin shalldeleted text end new text begin mustnew text end contain the following and such other information as
may be required:
(1) the name of the school, together with ownership and controlling officers, members,
and managing employees;
(2) the specific fields of instruction which will be offered and reconciliation of the course
content and length to meet the minimum standards, as prescribed in subdivision 2;
(3) the place or places where instruction will be given;
(4) a listing of the equipment available for instruction in each course offered;
(5) the maximum enrollment to be accommodated;
(6) a listing of instructors, all of whom deleted text begin shalldeleted text end new text begin mustnew text end be licensed as provided in section
155A.27, subdivision 2, except that any school may use occasional instructors or lecturers
who would add to the general or specialized knowledge of the students but who need not
be licensed;
(7) a current balance sheet, income statement or documentation to show sufficient
financial worth and responsibility to properly conduct a school and to assure financial
resources ample to meet the school's financial obligations;
(8) other financial guarantees deleted text begin whichdeleted text end new text begin thatnew text end would assure protection of the public as
determined by rule; and
(9) a copy of all written deleted text begin material whichdeleted text end new text begin materials thatnew text end the school uses deleted text begin to solicit prospective
students, including but not limited to a tuition and fee schedule, and all catalogues, brochures
and other recruitment advertisements. Each school shall annually, on a date determined by
the board, file with the board any new or amended materials which it has distributed during
the past yeardeleted text end new text begin for prospective student enrollment, including the enrollment contract, the
student handbook, and tuition and fee informationnew text end .
Sec. 20.
Minnesota Statutes 2024, section 155A.30, subdivision 4, is amended to read:
Subd. 4.
Verification of application.
Each application deleted text begin shalldeleted text end new text begin mustnew text end be signed and certified
to under oath by deleted text begin the proprietor if the applicant is a proprietorship, by the managing partner
if the applicant is a partnership, or by the authorized officers of the applicant if the applicant
is a corporation, association, company, firm, society or trustdeleted text end new text begin a school administrator as defined
in section 155A.23, subdivision 10anew text end .
Sec. 21.
Minnesota Statutes 2024, 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 (9):
(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;
(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 deleted text begin shalldeleted text end new text begin mustnew text end 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
13.02, subdivision 11, must file with the board a continuous corporate surety bond in the
amount of 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 $10,000, conditioned
upon the faithful performance of all contracts and agreements with students made by the
applicant. 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. The
bond deleted text begin shalldeleted text end new text begin mustnew text end run to the board 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. The surety of the bond
may cancel it upon giving 60 days' notice in writing to the board and deleted text begin shalldeleted text end new text begin mustnew text end be relieved
of liability for any breach of condition occurring after the effective date of cancellation;
and
(9) the applicant must appoint a designated school manager.
Sec. 22.
Minnesota Statutes 2024, section 155A.30, subdivision 6, is amended to read:
Subd. 6.
Fees; renewals.
(a) Applications for initial license under sections 155A.21 to
155A.36 deleted text begin shalldeleted text end new text begin mustnew text end be accompanied by a nonrefundable application fee set forth in section
155A.25.
(b) License duration deleted text begin shalldeleted text end new text begin mustnew text end be three years. Each renewal application deleted text begin shalldeleted text end new text begin mustnew text end be
accompanied by a nonrefundable renewal fee set forth in section 155A.25.
(c) Application for renewal of license deleted text begin shalldeleted text end new text begin mustnew text end be made as provided in rules adopted
by the board and on forms supplied by the board.
Sec. 23.
Minnesota Statutes 2024, section 155A.30, subdivision 7, is amended to read:
Subd. 7.
Inspections.
All schools may be inspected as often as the board considers
necessary to affirm compliance. The board deleted text begin shall havedeleted text end new text begin hasnew text end the authority to assess the cost of
the inspection to the school.
Sec. 24.
Minnesota Statutes 2024, section 155A.30, subdivision 8, is amended to read:
Subd. 8.
List of licensed schools; availability.
The board deleted text begin shalldeleted text end new text begin mustnew text end maintain and make
available to the public a list of licensed schools.
Sec. 25.
Minnesota Statutes 2024, section 155A.30, subdivision 9, is amended to read:
Subd. 9.
deleted text begin Separation ofdeleted text end School and deleted text begin professional departmentsdeleted text end new text begin salon separationnew text end .
A
school deleted text begin shalldeleted text end new text begin mustnew text end display in the entrance reception room of deleted text begin itsdeleted text end new text begin the school'snew text end student section
a sign prominently and conspicuously indicating that all work therein is deleted text begin donedeleted text end new text begin performednew text end
exclusively by students. deleted text begin Professional departments of a school shall be rundeleted text end new text begin Any salon or
business on the same premises as a school must be operatednew text end asnew text begin annew text end entirely separate and
distinct deleted text begin businessesdeleted text end new text begin businessnew text end and deleted text begin shalldeleted text end new text begin mustnew text end havenew text begin anew text end separate deleted text begin entrancesdeleted text end deleted text begin .deleted text end new text begin entrance from the
school. If a salon or business is located on the same premises as a school: (1) staff of the
salon or business must not provide services or training in the space used by the school; and
(2) staff and students of the school must not provide services or training in the space used
by the salon or business.
new text end
Nothing contained in sections 155A.21 to 155A.36 deleted text begin shall preventdeleted text end new text begin preventsnew text end a school from
charging for student work done in the school to cover the cost of materials used and expenses
incurred in and for the operation of the school. All of the student work deleted text begin shalldeleted text end new text begin mustnew text end be
prominently and conspicuously advertised and held forth as being student work and not
otherwise.
Sec. 26.
Minnesota Statutes 2024, section 155A.30, subdivision 11, is amended to read:
Subd. 11.
Instruction requirements.
(a) Instruction may be offered for no more than
ten hours per day per student.
(b) Instruction must be given within a licensed school buildingnew text begin except as provided in
paragraphs (c) and (d)new text end . deleted text begin Online instruction is permitted for board-approved theory-based
classes.
deleted text end
new text begin (c) A school may offer online instruction for theory-based portions of training. A school
must not give new text end practice-based deleted text begin classes must not be givendeleted text end new text begin trainingnew text end online.
new text begin
(d) A school may offer activities related to the training for industry educational purposes
outside of a school building when accompanied by an instructor for a maximum of one
percent of the total training hours for a course.
new text end
Sec. 27.
Minnesota Statutes 2024, section 155A.30, subdivision 12, is amended to read:
Subd. 12.
Minnesota state authorization.
A cosmetology school licensed or applying
for licensure under this section deleted text begin shalldeleted text end new text begin mustnew text end maintain recognition as an institution of
postsecondary study by meeting the following conditions, in addition to Minnesota Rules,
part 2110.0310:
(1) the school must admit as regular students only those individuals who have a high
school diploma or a diploma based on passing commissioner of education-selected high
school equivalency tests or their equivalent, or who are beyond the age of compulsory
education as prescribed by section 120A.22; and
(2) the school must be licensed by name and authorized by the Office of Higher Education
and the board to offer one or more training programs beyond the secondary level.
Sec. 28.
Minnesota Statutes 2024, section 155A.31, is amended to read:
155A.31 INSPECTIONS.
The board is responsible for inspecting salons and schools licensed pursuant to sections
155A.21 to 155A.36 to assure compliance with the requirements of sections 155A.21 to
155A.36. The board deleted text begin shalldeleted text end new text begin mustnew text end direct board resources first to the inspection of those licensees
who fail to meet the requirements of law, have indicated that they present a greater risk to
the public, or have otherwise, in the opinion of the board, demonstrated that they require a
greater degree of regulatory attention.
Sec. 29.
Minnesota Statutes 2024, section 155A.32, is amended to read:
155A.32 DISPLAY OF LICENSE.
Every holder of a license granted by the board deleted text begin shalldeleted text end new text begin mustnew text end display deleted text begin itdeleted text end new text begin the licensenew text end in a
conspicuous place in the place of business.
Sec. 30.
Minnesota Statutes 2024, section 155A.33, subdivision 1, is amended to read:
Subdivision 1.
Proceedings.
If the board, or a complaint committee if authorized by the
board, has a reasonable basis for believing that a person has engaged in or is about to engage
in a violation of a statute, rule, or order that the board has adopted or issued or is empowered
to enforce, the board or complaint committee may proceed as provided in subdivision 2 or
3. Except as otherwise provided in this section, all hearings must be conducted in accordance
with deleted text begin the Administrative Procedure Actdeleted text end new text begin chapter 14new text end .
Sec. 31.
Minnesota Statutes 2024, section 155A.33, subdivision 2, is amended to read:
Subd. 2.
Legal actions.
(a) When necessary to prevent an imminent violation of a statute,
rule, or order that the board has adopted or issued or is empowered to enforce, the board,
or a complaint committee if authorized by the board, may bring an action in the name of
the state in the District Court of Ramsey County in which jurisdiction is proper to enjoin
the act or practice and to enforce compliance with the statute, rule, or order. On a showing
that a person has engaged in or is about to engage in an act or practice that constitutes a
violation of a statute, rule, or order that the board has adopted or issued or is empowered
to enforce, the court deleted text begin shalldeleted text end new text begin mustnew text end grant a permanent or temporary injunction, restraining order,
or other appropriate relief.
(b) For purposes of injunctive relief under this subdivision, irreparable harm exists when
the board shows that a person has engaged in or is about to engage in an act or practice that
constitutes violation of a statute, rule, or order that the board has adopted or issued or is
empowered to enforce.
(c) Injunctive relief granted under paragraph (a) does not relieve an enjoined person
from criminal prosecution by a competent authority, or from action by the board under
subdivision 3, 4, 5, or 6 with respect to the person's license or registration, or application
for examination, license, registration, or renewal.
Sec. 32.
Minnesota Statutes 2024, section 155A.33, subdivision 3, is amended to read:
Subd. 3.
Cease and desist orders.
(a) The board, or complaint committee if authorized
by the board, may issue and have served upon an unlicensed or unregistered person, or a
holder of a license or registration, an order requiring the person to cease and desist from an
act or practice that constitutes a violation of a statute, rule, or order that the board has adopted
or issued or is empowered to enforce. The order must (1) give reasonable notice of the rights
of the person named in the order to request a hearing, and (2) state the reasons for the entry
of the order. No order may be issued under this subdivision until an investigation of the
facts has been conducted under section 214.10.
(b) Service of the order under this subdivision is effective when the order is personally
served on the person or counsel of record, or served by certified mail to the most recent
address provided to the board for the person or counsel of record.
(c) The board must hold a hearing under this subdivision not later than 30 days after the
board receives the request for the hearing, unless otherwise agreed between the board, or
complaint committee if authorized by the board, and the person requesting the hearing.
(d) Notwithstanding any rule to the contrary, the administrative law judge must issue a
report within 30 days of the close of the contested case hearing. Within 30 days after
receiving the report and subsequent exceptions and argument, the board deleted text begin shalldeleted text end new text begin mustnew text end issue a
further order vacating, modifying, or making permanent the cease and desist order. If no
hearing is requested within 30 days of service of the order, the order becomes final and
remains in effect until modified or vacated by the board.
Sec. 33.
Minnesota Statutes 2024, section 155A.33, subdivision 4, is amended to read:
Subd. 4.
Licensing and registration actions.
(a) With respect to a person who is a
holder of or applicant for a license or registration under this chapter, the board may by order
deny, refuse to renew, suspend, temporarily suspend, or revoke the application, license, or
registration, censure or reprimand the person, refuse to permit the person to sit for
examination, or refuse to release the person's examination grades, if the board finds that
such an order is in the public interest and that, based on a preponderance of the evidence
presented, the person has:
(1) violated a statute, rule, or order that the board has adopted or issued or is empowered
to enforce;
(2) engaged in conduct or acts that are fraudulent, deceptive, or dishonest, related to the
practice of a profession regulated by this chapter, if the fraudulent, deceptive, or dishonest
conduct or acts reflect adversely on the person's ability or fitness to engage in the practice
of the profession;
(3) engaged in conduct or acts that constitute malpractice, are negligent, demonstrate
incompetence, or are otherwise in violation of the standards in the rules of the board, where
the conduct or acts relate to the practice of a profession regulated by this chapter;
(4) employed fraud or deception in obtaining a license, registration, renewal, or
reinstatement, or in passing all or a portion of the examination;
(5) had a license, registration, right to examine, or other similar authority revoked in
another jurisdiction;
(6) failed to meet any requirement for issuance or renewal of the person's license or
registration;
(7) advertised by means of false or deceptive statements;
(8) performed licensed services while consuming or under the influence of an intoxicant
or controlled substance;
(9) demonstrated unprofessional conduct or practice;
(10) permitted an unlicensed person under the person's supervision or control to offer
or practice services regulated by this chapter for compensation;
(11) practices, offered to practice, or attempted to practice by misrepresentation;
(12) failed to display a license or permit as required by rules adopted by the board;
(13) violated the board's rules governing infection control;
(14) refused to permit the board to make an inspection permitted or required by this
chapter, or failed to provide the board or the attorney general on behalf of the board with
any documents or records they request; or
(15) with respect to temporary suspension orders, has committed an act, engaged in
conduct, or committed practices that the board, or complaint committee if authorized by
the board, has determined may result or may have resulted in an immediate threat to the
public.
(b) In lieu of or in addition to any remedy under paragraph (a), the board may, as a
condition of continued licensure or registration, termination of suspension, reinstatement
of licensure or registration, examination, or release of examination results, require that the
person:
(1) submit to a quality review of the person's ability, skills, or quality of work, conducted
in a manner and by a person or entity that the board determines; or
(2) completes to the board's satisfaction continuing education as the board requires.
deleted text begin
(c) Service of an order under this subdivision is effective if the order is served in person,
or is served by certified mail to the most recent address provided to the board by the licensee,
registrant, applicant, or counsel of record. The order must state the reason for the entry of
the order.
deleted text end
new text begin
(c) The board or complaint committee, if authorized by the board, may issue an order
under this subdivision. The order may include conditions under paragraph (b) and civil
penalties and fees permitted under subdivision 6. The order may require a person to cease
and desist from acting in violation of paragraph (a). The order must include:
new text end
new text begin
(1) a summary of the facts that constitute each violation;
new text end
new text begin
(2) the applicable law that has been violated;
new text end
new text begin
(3) the licensing or registration action taken under paragraph (a); and
new text end
new text begin
(4) a notice to the individual that unless the individual requests a hearing within 30 days
of service of the order, the order becomes a final order of the board.
new text end
new text begin
(d) If an order under this subdivision assesses civil penalties, the order must include a
statement that, when the order becomes final, the board may file and enforce any unpaid
amount of a penalty as a judgment in district court without further notice or additional
proceedings.
new text end
new text begin
(e) A person issued an order under this subdivision may request a hearing within 30
days of the date the order is served. If a person's written request for a hearing is not received
within 30 days of the date of service of the order, the order becomes a final order and is not
subject to review by any court or agency. If a person submits to the board a timely request
for hearing, the order is stayed pending a final order. The request for a hearing under this
paragraph must:
new text end
new text begin
(1) be in writing;
new text end
new text begin
(2) provide the reason for the person's request for a hearing; and
new text end
new text begin
(3) be mailed or delivered to the board within 30 days of service of the order.
new text end
new text begin
(f) An order under this subdivision must be personally served or sent by first-class or
certified mail to the most recent address provided to the board by the licensee or applicant
according to Minnesota Rules, part 1400.5550, subparts 2 and 3.
new text end
deleted text begin (d)deleted text end new text begin (g)new text end Except as provided in subdivision 5, paragraph (c), all hearings under this
subdivision must be conducted in accordance with deleted text begin the Administrative Procedure Actdeleted text end new text begin chapter
14new text end .
new text begin
(h) Nothing in this chapter prevents the board from resolving any violation through
informal disposition under section 14.59.
new text end
Sec. 34.
Minnesota Statutes 2024, section 155A.33, subdivision 5, is amended to read:
Subd. 5.
Temporary suspension.
(a) When the board, or complaint committee if
authorized by the board, issues a temporary suspension order, the suspension provided for
in the order is effective on service of a written copy of the order on the licensee, registrant,
or counsel of record. The order must specify the statute, rule, or order violated by the licensee
or registrant. The order remains in effect until the board issues a final order in the matter
after a hearing, or on agreement between the board and the licensee or registrant.
(b) An order under this subdivision may (1) prohibit the licensee or registrant from
engaging in the practice of a profession regulated by the board in whole or in part, as the
facts require, and (2) condition the termination of the suspension on compliance with a
statute, rule, or order that the board has adopted or issued or is empowered to enforce. The
order must state the reasons for entering the order and must set forth the right to a hearing
as provided in this subdivision.
(c) Within ten days after service of an order under this subdivision, the licensee or
registrant may request a hearing in writing. The board must hold a hearing before its own
members within five working days of the request for a hearing. The sole issue at the hearing
must be whether there is a reasonable basis to continue, modify, or terminate the temporary
suspension. The hearing is not subject to deleted text begin the Administrative Procedure Actdeleted text end new text begin chapter 14new text end .
Evidence presented to the board or the licensee or registrant may be in affidavit form only.
The licensee, registrant, or counsel of record may appear for oral argument.
(d) Within five working days after the hearing, the board deleted text begin shalldeleted text end new text begin mustnew text end issue its order and,
if the order continues the suspension, deleted text begin shalldeleted text end new text begin mustnew text end schedule a contested case hearing within
30 days of the issuance of the order. Notwithstanding any rule to the contrary, the
administrative law judge deleted text begin shalldeleted text end new text begin mustnew text end issue a report within 30 days after the closing of the
contested case hearing record. The board deleted text begin shalldeleted text end new text begin mustnew text end issue a final order within 30 days of
receiving the report.
Sec. 35.
Minnesota Statutes 2024, section 155A.33, subdivision 6, is amended to read:
Subd. 6.
Violations; penalties; costs.
(a) The board may impose a civil penalty of up
to $2,000 per violation on a person who violates a statute, rule, or order that the board has
adopted or issued or is empowered to enforce.
(b) In addition to any penalty under paragraph (a), the board may impose a fee to
reimburse the board for all or part of the cost of (1) the proceedings resulting in disciplinary
action authorized under this section, (2) the imposition of a civil penalty under paragraph
(a), or (3) the issuance of a cease and desist order. The board may impose a fee under this
paragraph when the board shows that the position of the person who has violated a statute,
rule, or order that the board has adopted or issued or is empowered to enforce is not
substantially justified unless special circumstances make such a fee unjust, notwithstanding
any rule to the contrary. Costs under this paragraph include, but are not limited to, the
amount paid by the board for services from the deleted text begin Officedeleted text end new text begin Courtnew text end of Administrative Hearings,
attorney fees, court reporter costs, witness costs, reproduction of records, board members'
compensation, board staff time, and expenses incurred by board members and staff.
(c) All hearings under this subdivision must be conducted in accordance with deleted text begin the
Administrative Procedure Actdeleted text end new text begin chapter 14new text end .
Sec. 36.
Minnesota Statutes 2024, section 155A.33, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Corrective action. new text end
new text begin
(a) When the board or complaint committee, if authorized
by the board, determines that a complaint alleging that an applicant or a licensee violated
this chapter, rules adopted under this chapter, or an order issued by the board may be
appropriately resolved through corrective action, the board or complaint committee may
enter into an agreement for corrective action with an applicant or a licensee.
new text end
new text begin
(b) An agreement for corrective action must:
new text end
new text begin
(1) be in writing;
new text end
new text begin
(2) describe the facts upon which the agreement is based;
new text end
new text begin
(3) describe the corrective action agreed upon by the board or complaint committee and
the applicant or licensee; and
new text end
new text begin
(4) state that the complaint upon which the agreement was based must be dismissed by
the board or complaint committee when the board or committee finds that the applicant or
licensee has successfully performed the corrective action.
new text end
new text begin
(c) The board or complaint committee may determine that the applicant or licensee has
successfully performed the corrective action if the applicant or licensee submits a request
for dismissal that documents the applicant's or licensee's successful performance of the
corrective action.
new text end
new text begin
(d) An agreement under this subdivision is not disciplinary action. An agreement under
this section is public data under chapter 13.
new text end
new text begin
(e) The board may assess a fee on an applicant or a licensee to reimburse the board for
costs related to the corrective action. The board must include a fee under this paragraph in
the corrective action agreement.
new text end
new text begin
(f) If an applicant or a licensee fails to successfully perform the corrective action within
the time specified in the agreement, the matter may be resolved through any enforcement
action authorized under this section.
new text end
Sec. 37. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must change the term "Board of Cosmetologist Examiners" to
"Board of Cosmetology" wherever the term appears in Minnesota Statutes.
new text end
Sec. 38. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2024, section 155A.275,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Laws 2017, First Special Session chapter 4, article 1, section 29,
new text end
new text begin
is repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 26-06035
155A.275 SPECIAL EVENTS.
Subdivision 1.
Special event services.
For purposes of this section, "special event services" means services rendered for compensation and performed at a location other than a licensed salon. These services are limited to the practice of nonpermanent manipulation of the hair, including: styling, setting, reinforcing, or extending the hair; the application of nail polish to the nails; and the application of makeup to the skin.
Subd. 2.
Special event services permit.
(a) No person shall perform special event services without first obtaining a special event services permit from the board. To be eligible for a special event services permit, a person must have a valid manager's license issued by the board under the authority of section 155A.27.
(b) An individual applying for a special event services permit must submit to the board, on a form approved by the board, an application for a special event services permit.
(c) An individual providing services under a special event services permit may only perform services within the individual's specific field of licensure and as defined by the permit. The services provided pursuant to the special event services permit must comply with the requirements of this chapter and all federal, state, and local laws.
Repealed Minnesota Session Laws: 26-06035
Laws 2017, First Special Session chapter 4, article 1, section 29
Sec. 29. new text begin BOARD OF COSMETOLOGIST EXAMINERSnew text end |
new text begin $ new text end | new text begin 2,775,000 new text end | new text begin $ new text end | new text begin 2,785,000 new text end | ||
new text begin The executive director must report quarterly to the chairs and ranking minority members of the committees in the house of representatives and senate with jurisdiction over state government finance on the number of inspections conducted by license type in the past quarter, number and percent of total salons and schools inspected within the last year, total number of licensees by type, and the number of inspectors employed by the board. The first report must be submitted by July 15, 2017. new text end