HF 140

as introduced - 91st Legislature (2019 - 2020) Posted on 03/18/2019 10:10pm

A bill for an act
relating to cosmetology; exempting hair braiders from cosmetology registration
requirements; amending Minnesota Statutes 2018, sections 155A.25, subdivision
1a; 155A.28, by adding a subdivision; repealing Minnesota Statutes 2018, section
155A.28, subdivisions 1, 3, 4.

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

Section 1.

Minnesota Statutes 2018, section 155A.25, subdivision 1a, is amended to read:

Subd. 1a.

Schedule.

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

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

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

(i) $155 for each initial license; and

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

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

(i) $100 for each renewal license; and

(ii) $15 for each renewal application fee;

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

(i) $130 for each renewal license; and

(ii) $15 for each renewal application fee;

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

(i) $250 for each initial license; and

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

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

(i) $175 for each renewal; and

(ii) $50 for each renewal application fee;

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

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

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

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

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

(ii) $500 for each renewal application fee.

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

(1) reinspection fee, $150;

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) Administrative fees are as follows:

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

(2) name change, $20;

(3) certification of licensure, $30 each;

(4) duplicate license, $20;

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

deleted text begin (6) registration of hair braiders, $20 per year;
deleted text end

deleted text begin (7) deleted text end new text begin (6) new text end $100 for each temporary military license for a cosmetologist, nail technician,
esthetician, or advanced practice esthetician one-year fee;

deleted text begin (8) deleted text end new text begin (7) new text end expedited initial individual license, $150;

deleted text begin (9) deleted text end new text begin (8) new text end expedited initial salon license, $300;

deleted text begin (10) deleted text end new text begin (9) new text end instructor continuing education provider approval, $150 each year; and

deleted text begin (11) deleted text end new text begin (10) new text end practitioner continuing education provider approval, $150 each year.

Sec. 2.

Minnesota Statutes 2018, section 155A.28, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Hair braiders exempt. new text end

new text begin The practice of hair braiding is exempt from the
requirements of this chapter.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 155A.28, subdivisions 1, 3, and 4, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-1467

155A.28 HAIR BRAIDING.

Subdivision 1.

Registration.

Any person engaged in hair braiding solely for compensation as a profession, except persons licensed as cosmetologists, shall register with the Minnesota Board of Cosmetologist Examiners in a form determined by the board.

Subd. 3.

Requirements.

In order to qualify for initial registration, any person engaged in hair braiding solely for compensation as a profession, except persons licensed as cosmetologists, shall satisfactorily complete instruction at either an accredited school, professional association, or by an individual approved by the board. Instruction includes coursework covering the topics of health, safety, infection control, and state laws related to cosmetology not to exceed 30 hours. The coursework is encouraged to be provided in a foreign language format and such availability shall be reported to and posted by the Minnesota Board of Cosmetologist Examiners.

Subd. 4.

Curriculum.

An accredited school, professional association, or an individual approved by the board desiring to provide the coursework required under subdivision 3 shall have curriculum in place by January 1, 2008.