Minnesota Office of the Revisor of Statutes
[*Add Subtitle/link: Office]

Menu

Revisor of Statutes Menu

HF 1305

as introduced - 88th Legislature (2013 - 2014) Posted on 03/06/2013 03:06pm

KEY: stricken = removed, old language. underscored = added, new language.

Pdf

Version List Authors and Status

Bill Text Versions

Engrossments

Introduction Pdf Posted on 03/06/2013

Current Version - as introduced

1.1A bill for an act
1.2relating to occupations and professions; changing licensing requirements for
1.3the Board of Cosmetology; imposing civil penalties and fees; appropriating
1.4money;amending Minnesota Statutes 2012, sections 155A.23, subdivisions
1.53, 8, 11; 155A.25, subdivisions 1a, 4; 155A.27, subdivisions 4, 10; 155A.29,
1.6subdivision 2; 155A.30, by adding a subdivision; proposing coding for new
1.7law in Minnesota Statutes, chapter 155A; repealing Minnesota Statutes 2012,
1.8section 155A.25, subdivision 1.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. Minnesota Statutes 2012, section 155A.23, subdivision 3, is amended to read:
1.11    Subd. 3. Cosmetology. "Cosmetology" is the practice of personal services, for
1.12compensation, for the cosmetic care of the hair, nails, and skin. These services include
1.13cleaning, conditioning, shaping, reinforcing, coloring and enhancing the body surface in
1.14the areas of the head, scalp, face, arms, hands, legs, and feet, and trunk of the body, except
1.15where these services are performed by a barber under sections 154.001, 154.002, 154.003,
1.16154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26.

1.17    Sec. 2. Minnesota Statutes 2012, section 155A.23, subdivision 8, is amended to read:
1.18    Subd. 8. Manager. A "manager" is any person who conducts, operates, or manages a
1.19cosmetology school or salon and who also instructs in or provides any services, as defined
1.20in subdivision 3. A school manager must maintain an active salon manager's license.

1.21    Sec. 3. Minnesota Statutes 2012, section 155A.23, subdivision 11, is amended to read:
1.22    Subd. 11. Instructor. An "instructor" is any person employed by a school to prepare
1.23and present the theoretical and practical education of cosmetology to persons who seek to
2.1practice cosmetology. An instructor must maintain an active operator or manager's license
2.2in the area in which the instructor holds an instructor's license.

2.3    Sec. 4. Minnesota Statutes 2012, section 155A.25, subdivision 1a, is amended to read:
2.4    Subd. 1a. Schedule. The fee schedule for licensees is as follows for licenses issued
2.5after June 30, 2010, and prior to July 1, 2013:
2.6(a) Three-year license fees:
2.7(1) cosmetologist, nail technician manicurist, or esthetician:
2.8(i) $90 for each initial license and a $40 nonrefundable initial license application fee,
2.9for a total of $130; and
2.10(ii) $60 for each renewal and a $15 nonrefundable renewal application fee, for
2.11a total of $75;
2.12(2) instructor or manager:
2.13(i) $120 for each initial license and a $40 nonrefundable initial license application
2.14fee, for a total of $160; and
2.15(ii) $90 for each renewal and a $15 nonrefundable renewal application fee, for a
2.16total of $105;
2.17(3) salon:
2.18(i) $130 for each initial license and a $100 nonrefundable initial license application
2.19fee, for a total of $230; and
2.20(ii) $100 for each renewal and a $50 nonrefundable renewal application fee, for a
2.21total of $150; and
2.22(4) school:
2.23(i) $1,500 for each initial license and a $1,000 nonrefundable initial license
2.24application fee, for a total of $2,500; and
2.25(ii) $1,500 for each renewal and a $500 nonrefundable renewal application fee,
2.26for a total of $2,000.
2.27(b) Penalties:
2.28(1) reinspection fee, variable;
2.29(2) manager and owner with lapsed practitioner found on inspection, $150 each;
2.30(3) lapsed practitioner or instructor found on inspection, $200;
2.31(4) lapsed salon found on inspection, $500;
2.32(5) lapsed school found on inspection, $1,000;
2.33(6) failure to display current license, $100;
2.34(7) failure to dispose of single-use equipment, implements, or materials as provided
2.35under section 155A.355, paragraph (a), $500;
3.1(8) use of prohibited razor-type callus shavers, rasps, or graters under section
3.2155A.355, $500;
3.3(9) performing manicuring or cosmetology services in esthetician salon, or
3.4performing esthetician or cosmetology services in manicure salon, $500;
3.5(10) owner and manager allowing an operator to work as an independent contractor,
3.6$200;
3.7(11) operator working as an independent contractor, $100;
3.8(12) refusal or failure to cooperate with an inspection, $500;
3.9(3) (13) expired cosmetologist, manicurist, esthetician, manager, school manager,
3.10and instructor license, $45; and
3.11(4) (14) expired salon or school license, $50.
3.12(c) Administrative fees:
3.13(1) certificate of identification, $20;
3.14(2) name change, $20;
3.15(3) letter of license verification, $30;
3.16(4) duplicate license, $20;
3.17(5) processing fee, $10;
3.18(6) special event permit, $75 per year; and
3.19(7) registration of hair braiders, $20 per year.

3.20    Sec. 5. Minnesota Statutes 2012, section 155A.25, subdivision 4, is amended to read:
3.21    Subd. 4. License expiration date. The board shall, in a manner determined by the
3.22board and without the need for rulemaking under chapter 14, phase in changes to initial
3.23and renewal license expiration dates so that by January 1, 2014:
3.24(1) individual licenses expire on the last day of the licensee's birth month of the
3.25year due; and
3.26(2) salon and school licenses expire on the last day of the month of initial licensure
3.27of the year due.

3.28    Sec. 6. Minnesota Statutes 2012, section 155A.27, subdivision 4, is amended to read:
3.29    Subd. 4. Testing. All theory, practical, and Minnesota law and rule testing must
3.30be done by a board-approved provider. Appropriate standardized tests shall be used and
3.31shall include subject matter relative to the application of Minnesota law. In every case,
3.32the primary consideration shall be to safeguard the health and safety of consumers by
3.33determining the competency of the applicants to provide the services indicated.

4.1    Sec. 7. Minnesota Statutes 2012, section 155A.27, subdivision 10, is amended to read:
4.2    Subd. 10. Nonresident licenses. (a) A nonresident cosmetologist, manicurist, or
4.3esthetician may be licensed in Minnesota if the individual has completed cosmetology
4.4school in a state or country with the same or greater school hour requirements, has an
4.5active license in that state or country, and has passed a board-approved theory and
4.6practice-based examination, the Minnesota-specific written operator examination for
4.7cosmetologist, manicurist, or esthetician. If a test is used to verify the qualifications of
4.8trained cosmetologists, the test should be translated into the nonresident's native language
4.9within the limits of available resources. Licenses shall not be issued under this subdivision
4.10for managers or instructors.
4.11(b) If an individual has less than the required number of school hours, the
4.12individual must have a current active license in another state or country for at least
4.13three years, and have passed a board-approved theory and practice-based examination,
4.14or the Minnesota-specific written operator examination for cosmetologist, manicurist, or
4.15esthetician. If a test is used to verify the qualifications of trained cosmetologists, the test
4.16should be translated into the nonresident's native language within the limits of available
4.17resources. Licenses must not be issued under this subdivision for managers or instructors.
4.18(c) Applicants claiming training and experience in a foreign country shall supply
4.19official English-language translations of all required documents from a board-approved
4.20source.

4.21    Sec. 8. Minnesota Statutes 2012, section 155A.29, subdivision 2, is amended to read:
4.22    Subd. 2. Requirements. (a) The conditions and process by which a salon is licensed
4.23shall be established by the board by rule. In addition to those requirements, no license
4.24shall be issued unless the board first determines that the conditions in clauses (1) to (5)
4.25have been satisfied:
4.26(1) compliance with all local and state laws, particularly relating to matters of
4.27sanitation, health, and safety;
4.28(2) the employment of a manager, as defined in section 155A.23, subdivision 8;
4.29(3) inspection and licensing prior to the commencing of business;
4.30(4) (3) if applicable, evidence of compliance with section 176.182; and
4.31(5) (4) evidence of continued professional liability insurance coverage of at least
4.32$25,000 for each claim and $50,000 total coverage for each policy year for each operator.
4.33(b) A licensed esthetician or manicurist who complies with the health, safety,
4.34sanitation, inspection, and insurance rules promulgated by the board to operate a salon
5.1solely for the performance of those personal services defined in section 155A.23,
5.2subdivision 5
, in the case of an esthetician, or subdivision 7, in the case of a manicurist.

5.3    Sec. 9. Minnesota Statutes 2012, section 155A.30, is amended by adding a subdivision
5.4to read:
5.5    Subd. 11. Instruction requirements. (a) Instruction may be offered for no more
5.6than ten hours per day per student.
5.7(b) Instruction must be given within a licensed school building. Online instruction is
5.8permitted for board-approved theory-based classes. Practice-based classes must not be
5.9given online.

5.10    Sec. 10. [155A.355] PROHIBITED USES.
5.11(a) Single-use equipment, implements, or materials that are made or constructed of
5.12paper, wood, or other porous materials must only be used for one application or client
5.13service. Presence of used articles in the work area is prima facie evidence of reuse.
5.14Failure to dispose of the materials in this paragraph is punishable by penalty under section
5.15155A.25, subdivision 1a, paragraph (b), clause (7).
5.16(b) Razor-type callus shavers, rasps, or graters designed and intended to cut growths
5.17of skin such as corns and calluses, including but not limited to credo blades, are prohibited.
5.18Presence of these articles in the work area is prima facie evidence of use and may be
5.19punishable by penalty in section 155A.25, subdivision 1a, paragraph (b), clause (8);
5.20(c) Licensees must not use any of the following substances or products in performing
5.21cosmetology services:
5.22(1) methyl methacrylate liquid monomers, also known as MMA; and
5.23(2) fumigants, including but not limited to formalin tablets or formalin liquids.

5.24    Sec. 11. GOOD CAUSE EXEMPTION.
5.25The Board of Cosmetology may amend Minnesota Rules so that they conform with
5.26the amendments to Minnesota Statutes in sections 1 to 14. The Board of Cosmetology
5.27may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision
5.281, clause (3), in adopting the amendment, and Minnesota Statutes, section 14.386, does
5.29not apply, except as it relates to Minnesota Statutes, section 14.388.

5.30    Sec. 12. APPROPRIATION.
5.31$300,000 in fiscal year 2014 and $300,000 in fiscal year 2015 are appropriated from
5.32the general fund to the Board of Cosmetology.

6.1    Sec. 13. REVISOR'S INSTRUCTION.
6.2The revisor of statutes shall change the term "manicurist" to "nail technician"
6.3wherever it appears in Minnesota Rules and Statutes.

6.4    Sec. 14. REPEALER.
6.5Minnesota Statutes 2012, section 155A.25, subdivision 1, is repealed.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569