Minnesota Legislature
HF 1260
as introduced - 89th Legislature (2015 - 2016) Posted on 02/26/2015 01:19pm
Bill Text Versions
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| Introduction | Posted on 02/26/2015 |
Current Version - as introduced
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A bill for an act
relating to state government; modifying provisions of the Cosmetology
Examiners Board; making changes to licensing provisions; increasing license
fees; authorizing rulemaking; appropriating money; amending Minnesota
Statutes 2014, sections 155A.21; 155A.23, subdivision 8, by adding subdivisions;
155A.24, subdivision 2; 155A.25, subdivisions 1a, 5, by adding subdivisions;
155A.27, subdivisions 1, 2, 5a; 155A.29, subdivisions 1, 2; 155A.30,
subdivisions 5, 10.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 155A.21, is amended to read:
155A.21 POLICY.
The legislature finds that the health and safety of the people of the state are served
by the licensing of the practice of cosmetology because of new text begin infection control and new text end the use
of chemicalsnew text begin , implementsnew text end , apparatus, and other appliances requiring special skills and
education.
To this end, the public will best be served by vesting these responsibilities in the
Board of Cosmetologist Examiners.
Sec. 2.
Minnesota Statutes 2014, section 155A.23, subdivision 8, is amended to read:
Subd. 8.
Manager.
A "manager" is any person who deleted text begin conducts, operates, or manages
a cosmetology school or salon and who also instructs in ordeleted text end new text begin is a cosmetologist, esthetician,
advanced practice esthetician, or nail technician practitioner, and who has a manager
license and new text end provides any servicesnew text begin under that licensenew text end , as defined in subdivision 3. deleted text begin A school
manager must maintain an active salon manager's license.
deleted text end
Sec. 3.
Minnesota Statutes 2014, section 155A.23, is amended by adding a subdivision
to read:
new text begin Subd. 14. new text end
new text begin Advanced practice esthetician. new text end
new text begin
An "advanced practice esthetician" is a
person who for compensation performs personal services for the cosmetic care of the skin,
including the use of mechanical or electrical skin care apparatuses or appliances that are
used on the epidermal layer of the skin.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, except that a license
for an advanced practice esthetician must not be issued prior to January 1, 2018.
new text end
Sec. 4.
Minnesota Statutes 2014, section 155A.23, is amended by adding a subdivision
to read:
new text begin Subd. 15. new text end
new text begin Designated licensed salon manager. new text end
new text begin
A "designated licensed salon
manager" is a manager designated by a salon owner and registered with the board, who is
responsible with the salon owner for salon and practitioner compliance.
new text end
Sec. 5.
Minnesota Statutes 2014, section 155A.23, is amended by adding a subdivision
to read:
new text begin Subd. 16. new text end
new text begin School manager. new text end
new text begin
A "school manager" is a cosmetologist who is a salon
manager and who has a school manager license. A school manager must maintain an
active salon manager's license.
new text end
Sec. 6.
Minnesota Statutes 2014, section 155A.23, is amended by adding a subdivision
to read:
new text begin Subd. 17. new text end
new text begin Designated school manager. new text end
new text begin
A "designated school manager" is a school
manager who is designated by the school owner and registered with the board, who is
responsible with the school owner for school and instructor compliance.
new text end
Sec. 7.
Minnesota Statutes 2014, section 155A.23, is amended by adding a subdivision
to read:
new text begin Subd. 18. new text end
new text begin Practitioner. new text end
new text begin
A "practitioner" is any person licensed in the practice of
cosmetology, esthiology, or nail technology services.
new text end
Sec. 8.
Minnesota Statutes 2014, section 155A.24, subdivision 2, is amended to read:
Subd. 2.
Hiring and assignment of employees.
The board has the authority to hire
qualified personnel in the classified service to assist in administering the law, including
those for the testing and licensing of applicants deleted text begin and the continuing inspections required.
All staff must receive periodic training to improve and maintain customer service skillsdeleted text end new text begin ,
conducting inspections, and complaint investigationsnew text end .
Sec. 9.
Minnesota Statutes 2014, section 155A.25, subdivision 1a, is amended to read:
Subd. 1a.
Schedule.
new text begin (a) new text end The deleted text begin feedeleted text end schedule for deleted text begin licenseesdeleted text end new text begin fees and penaltiesnew text end is as
deleted text begin follows:deleted text end new text begin provided in this subdivisionnew text end new text begin .
new text end
deleted text begin (a)deleted text end new text begin (b)new text end Three-year license feesnew text begin are as followsnew text end :
(1) deleted text begin cosmetologist, nail technician, or estheticiandeleted text end new text begin $195 initial practitioner, manager,
or instructor licensenew text end :
(i) deleted text begin $90deleted text end new text begin $150 new text end for each initial license deleted text begin and a $40 nonrefundable initial license
application fee, for a total of $130deleted text end ; and
(ii) deleted text begin $60 for each renewal and a $15 nonrefundable renewal application fee, for a total
of $75deleted text end new text begin $40 for each initial license application feenew text end ;
(2) deleted text begin instructor or managerdeleted text end new text begin $115 renewal of practitioner licensenew text end :
(i) deleted text begin $120deleted text end new text begin $100new text end for each deleted text begin initialdeleted text end new text begin renewalnew text end license deleted text begin and a $40 nonrefundable initial license
application fee, for a total of $160deleted text end ; and
(ii) deleted text begin $90deleted text end new text begin $15new text end for each deleted text begin renewal and a $15 nonrefundabledeleted text end renewal application feedeleted text begin ,
for a total of $105deleted text end ;
(3) new text begin $145 renewal of manager or instructor license:
new text end
new text begin
(i) $130 for each renewal license; and
new text end
new text begin
(ii) $15 for each renewal application fee;
new text end
new text begin (4) new text end new text begin $350 initial new text end salonnew text begin licensenew text end :
(i) deleted text begin $130deleted text end new text begin $250new text end for each initial license deleted text begin and a $100 nonrefundable initial license
application fee, for a total of $230deleted text end ; and
(ii) $100 for each deleted text begin renewal and a $50 nonrefundable renewaldeleted text end new text begin initial license
new text end application feedeleted text begin , for a total of $150deleted text end ; deleted text begin and
deleted text end
deleted text begin (4) schooldeleted text end new text begin (5) $225 renewal of salon licensenew text end :
(i) deleted text begin $1,500deleted text end new text begin $175new text end for each deleted text begin initial license and a $1,000 nonrefundable initial license
application fee, for a total of $2,500deleted text end new text begin renewalnew text end ; and
(ii) deleted text begin $1,500deleted text end new text begin $50new text end for each deleted text begin renewal and a $500 nonrefundabledeleted text end renewal application
feedeleted text begin , for a total of $2,000deleted text end new text begin ;
new text end
new text begin
(6) $4,000 initial school license:
new text end
new text begin
(i) $3,000 for each initial license; and
new text end
new text begin
(ii) $1,000 for each initial license application fee; and
new text end
new text begin
(7) $2,500 renewal of school license:
new text end
new text begin
(i) $2,000 for each renewal; and
new text end
new text begin (ii) $500 for each renewal application feenew text end .
deleted text begin (b)deleted text end new text begin (c)new text end Penaltiesnew text begin may be assessed in amounts up to the followingnew text end :
(1) reinspection fee, deleted text begin variabledeleted text end new text begin $150new text end ;
(2) manager and owner with lapsed practitioner found on inspection, $150 each;
(3) lapsed practitioner or instructor found on inspection, $200;
(4) lapsed salon found on inspection, $500;
(5) lapsed 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) deleted text begin expired cosmetologist, nail technician, esthetician, manager, school manager,
and instructor licensedeleted text end new text begin practitioner late renewal feenew text end , $45; and
(14) deleted text begin expireddeleted text end salon or school deleted text begin licensedeleted text end new text begin late renewal feenew text end , $50.
deleted text begin (c)deleted text end new text begin (d)new text end Administrative feesnew text begin are as followsnew text end :
(1) deleted text begin certificate of identification, $20deleted text end new text begin homebound service permit, $50 three-year feenew text end ;
(2) name change, $20;
(3) deleted text begin letter of license verificationdeleted text end new text begin certification of licensurenew text end , $30new text begin eachnew text end ;
(4) duplicate license, $20;
(5) deleted text begin processing fee, $10;
deleted text end
deleted text begin (6)deleted text end special event permit, $75 per year; deleted text begin and
deleted text end
deleted text begin (7)deleted text end new text begin (6)new text end registration of hair braiders, $20 per yearnew text begin ;
new text end
new text begin
(7) $100 for each temporary military license for a cosmetologist, nail technician,
esthetician, or advanced practice esthetician;
new text end
new text begin
(8) expedited initial individual license, $150;
new text end
new text begin
(9) expedited initial salon license, $300;
new text end
new text begin
(10) instructor continuing education provider approval, $150 each year; and
new text end
new text begin (11) practitioner continuing education provider approval, $150 each yearnew text end .
Sec. 10.
Minnesota Statutes 2014, 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 fees deleted text begin for an initial or renewaldeleted text end new text begin
to apply for or renew an new text end individual or salon licensenew text begin that is not an expedited license or a
military licensenew text end , the board must (1) deleted text begin either grant or deny the applicationdeleted text end new text begin issue the licensenew text end ,
(2) deleted text begin issuedeleted text end new text begin denynew text end the license deleted text begin ordeleted text end new text begin andnew text end notify the applicant of the denial, or (3) deleted text begin issue a temporary
license to an applicant for whom no record exists regarding: (i) a complaint filed with the
board against the applicant; or (ii) a negative action by the board against the applicantdeleted text end new text begin if
the conditions in subdivision 5a are met, notify the applicant that the board must conduct
additional reviewnew text end .
Sec. 11.
Minnesota Statutes 2014, section 155A.25, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Additional review for certain licenses. new text end
new text begin
If an application contains
discrepancies, the applicant is the subject of a complaint investigation, or the applicant
has pending disciplinary actions before the board, the board will comply with the time
limits prescribed in section 15.992 to process the application.
new text end
Sec. 12.
Minnesota Statutes 2014, section 155A.25, is amended by adding a
subdivision to read:
new text begin Subd. 7. new text end
new text begin Temporary military license or expedited license. new text end
new text begin
Within five business
days of receiving a completed application and the required fees 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.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, except that an
expedited license must not be issued prior to January 1, 2016.
new text end
Sec. 13.
Minnesota Statutes 2014, section 155A.25, is amended by adding a
subdivision to read:
new text begin Subd. 8. new text end
new text begin
Additional review for certain temporary military license or expedited
license.
new text end
new text begin
If an application under subdivision 7 contains discrepancies, the applicant is the
subject of a complaint investigation, or the applicant has pending disciplinary actions
before the board, the board will process the application according to the time limits in
section 15.992.
new text end
Sec. 14.
Minnesota Statutes 2014, section 155A.27, subdivision 1, is amended to read:
Subdivision 1.
Licensing.
deleted text begin Individual licensing shall be required for persons seekingdeleted text end new text begin
A person must hold an individual license new text end to practice in the state as a cosmetologist,
esthetician, nail technician, new text begin advanced practice esthetician, new text end manager, or instructor.
Sec. 15.
Minnesota Statutes 2014, section 155A.27, subdivision 2, is amended to read:
Subd. 2.
Qualifications.
Qualifications for licensing in each classification shall
be determined by the board and established by rule, and shall include educational
and experiential prerequisites. The rules shall require a demonstrated knowledge of
procedures necessary to protect the health new text begin and safety new text end of the practitioner and the consumer
of cosmetology services, including but not limited to deleted text begin chemical applicationsdeleted text end new text begin infection
control, use implements, apparatuses and other appliances, and the use of chemicalsnew text end .
Sec. 16.
Minnesota Statutes 2014, section 155A.27, subdivision 5a, is amended to read:
Subd. 5a.
Temporary military license.
The board shall establish temporary
licenses for a cosmetologist, nail technician, and esthetician in accordance with section
197.4552. deleted text begin The fee for a temporary license under this subdivision for a cosmetologist, nail
technician, or esthetician is $100.
deleted text end
Sec. 17.
Minnesota Statutes 2014, section 155A.29, subdivision 1, is amended to read:
Subdivision 1.
Licensing.
deleted text begin Anydeleted text end new text begin Anew text end person deleted text begin who offersdeleted text end new text begin must not offernew text end cosmetology
services for compensation deleted text begin in this state shall be (1) licensed as a salon if not employed by
another licensed salon or (2) employed as an esthetician or cosmetologist in connection
with medical care in relation to esthiology in the office of a licensed physiciandeleted text end new text begin 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, or advanced practice esthetician salon. A salon may hold more than one type of
salon licensenew text end .
Sec. 18.
Minnesota Statutes 2014, section 155A.29, subdivision 2, is amended to read:
Subd. 2.
Requirements.
deleted text begin (a)deleted text end The conditions and process by which a salon is licensed
shall be established by the board by rule. In addition to those requirements, no license
shall be issued unless the board first determines that the conditions in clauses (1) to (5)
have been satisfied:
(1) compliance with all local and state laws, particularly relating to matters of
sanitation, health, and safety;
(2) the employment of a manager, as defined in section 155A.23, subdivision 8;
(3) if applicable, evidence of compliance withnew text begin workers' compensationnew text end section
176.182; and
(4) evidence of continued professional liability insurance coverage of at least
$25,000 for each claim and $50,000 total coverage for each policy year for each operator.
deleted text begin
(b) A licensed esthetician or nail technician who complies with the health, safety,
sanitation, inspection, and insurance rules promulgated by the board to operate a salon
solely for the performance of those personal services defined in section 155A.23,
subdivision 5, in the case of an esthetician, or subdivision 7, in the case of a nail technician.
deleted text end
Sec. 19.
Minnesota Statutes 2014, 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 (8)deleted text begin .deleted text end new text begin :
new text end
(1) the applicant must have a sound financial condition with sufficient resources
available to meet the school's financial obligations; to refund all tuition and other charges,
within a reasonable period of time, in the event of dissolution of the school or in the event
of any justifiable claims for refund against the school; to provide adequate service to its
students and prospective students; and to maintain proper use and support of the schooldeleted text begin .deleted text end new text begin ;
new text end
(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 enrolleddeleted text begin .deleted text end new text begin ;
new text end
(3) the applicant must employ a sufficient number of qualified instructors trained by
experience and education to give the training contemplateddeleted text begin .deleted text end new text begin ;
new text end
(4) the premises and conditions under which the students work and study must be
sanitary, healthful, and safe according to modern standardsdeleted text begin .deleted text end new text begin ;
new text end
(5) each occupational course or program of instruction or study must be of such
quality and content as to provide education and training deleted text begin whichdeleted text end new text begin thatnew text end will adequately prepare
enrolled students for testing, licensing, and entry level positions as a cosmetologist,
esthetician, or nail techniciandeleted text begin .deleted text end new text begin ;
new text end
(6) the school must have coverage by professional liability insurance of at least
$25,000 per incident and an accumulation of $150,000 for each premium yeardeleted text begin .deleted text end new text begin ;
new text end
(7) the applicant shall provide evidence of the school's compliance with section
176.182deleted text begin .deleted text end new text begin ;
new text end
(8) the applicant, except the state and its political subdivisions as described in
section 471.617, subdivision 1, shall file with the board a continuous corporate surety
bond in the amount of $10,000, conditioned upon the faithful performance of all contracts
and agreements with students made by the applicant. The bond shall run to the state of
Minnesota 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 aggregate liability of the surety for
all breaches of the conditions of the bond shall not exceed $10,000. The surety of the bond
may cancel it upon giving 60 days' notice in writing to the board and shall be relieved of
liability for any breach of condition occurring after the effective date of cancellationnew text begin ; and
new text end
new text begin (9) the applicant must, at all times during the term of the license, employ a
designated licensed school manager who maintains a cosmetology salon manager licensenew text end .
Sec. 20.
Minnesota Statutes 2014, section 155A.30, subdivision 10, is amended to read:
Subd. 10.
Discrimination prohibited.
deleted text begin Nodeleted text end new text begin Eachnew text end schooldeleted text begin , duly approved under
sections 155A.21 to 155A.36, shall refuse to teach any student, otherwise qualified, on
account of race, sex, creed, color, citizenship, national origin, or sexual preferencedeleted text end new text begin must
comply with the Minnesota Human Rights Act under chapter 363Anew text end .
Sec. 21. new text begin RULEMAKING AUTHORITY.
new text end
new text begin
The Board of Cosmetologist Examiners shall adopt rules governing the advanced
practice esthetician license, including the educational and training requirements, scope of
practice, and the conditions and process of issuing and renewing the license.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2016, and expires January
1, 2019.
new text end
Sec. 22. new text begin APPROPRIATION.
new text end
new text begin
$1,200,000 in fiscal year 2016 and $1,200,000 in fiscal year 2017 are appropriated
from the general fund to the Board of Cosmetologist Examiners and are added to the
board's base budget.
new text end
Sec. 23. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall change the word "sanitation" to "infection control" and
the word "lapsed" to "expired" wherever they appear in Minnesota Statutes, chapter 155A,
or Minnesota Rules, chapter 2105 or 2110.
new text end