HF 1650

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to cosmetology; providing for the transfer of
regulatory oversight; modifying regulatory provisions;
providing conforming changes; amending Minnesota
Statutes 2004, sections 154.18; 154.22; 155A.03,
subdivision 4a; 155A.04; 155A.045, subdivision 1;
155A.08, subdivision 1; 155A.135; repealing Minnesota
Statutes 2004, sections 155A.03, subdivision 13;
155A.06; Minnesota Rules, part 2100.9300, subpart 1.

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

Section 1.

Minnesota Statutes 2004, section 154.18, is
amended to read:

154.18 FEES.

(a) The fees collected, as required in this chapter,
chapter 214, and the rules of the board, shall be paid deleted text begin in
advance by September 1 of the year in which they are due deleted text end to the
executive secretary of the board. The executive secretary shall
deposit the fees in the general fund in the state treasury deleted text begin , to
be disbursed by the executive secretary on the order of the
chair in payment of expenses lawfully incurred by the board deleted text end .

(b) The board shall charge the following fees:

(1) examination and certificate, registered barber, $65;

(2) examination and certificate, apprentice, $60;

(3) examination, instructor, $160;

(4) certificate, instructor, $45;

(5) temporary teacher or apprentice permit, $50;

(6) renewal of license, registered barber, $50;

(7) renewal of license, apprentice, $45;

(8) renewal of license, instructor, $60;

(9) renewal of temporary teacher permit, $35;

(10) student permit, $25;

(11) initial shop registration, $60;

(12) initial school registration, $1,010;

(13) renewal shop registration, $60;

(14) renewal school registration, $260;

(15) restoration of registered barber license, $75;

(16) restoration of apprentice license, $70;

(17) restoration of shop registration, $85;

(18) change of ownership or location, $35;

(19) duplicate license, $20; and

(20) home study course, $75.

Sec. 2.

Minnesota Statutes 2004, section 154.22, is
amended to read:

154.22 BOARD OF BARBER AND COSMETOLOGIST EXAMINERS
CREATED; TERMS.

(a) A Board of Barber and Cosmetologist Examiners is
established to consist of three barber members, three
cosmetologist 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. One
of the new text begin barber new text end members shall be a member of, or recommended by, a
union of journeymen barbers that has existed at least two years,
and one new text begin barber member new text end shall be a member of, or recommended by, a
professional organization of barbers.

(c) All new text begin cosmetologist new text end members must be currently licensed new text begin in
the field of cosmetology new text end in deleted text begin the state of deleted text end Minnesota, have
practiced in the licensed occupation for at least five years
immediately prior to their appointment, be graduates from the
12th grade of high school or have equivalent education, and have
knowledge of sections 155A.01 to 155A.16 and Minnesota Rules,
chapters 2642 and 2644. The new text begin cosmetologist new text end members shall be
members of, or recommended by, a professional organization of
cosmetologists, manicurists, or estheticians.

(d) Membership terms, compensation of members, removal of
members, the filling of membership vacancies, and fiscal year
and reporting requirements shall 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 shall be as provided in chapter 214.

(e) Members appointed to fill vacancies caused by death,
resignation, or removal shall serve during the unexpired term of
their predecessors.

(f) The barber members of the board shall separately
oversee administration, enforcement, and regulation of, and
adoption of rules under, sections 154.01 to 154.26. The
cosmetologist members of the board shall separately oversee
administration, enforcement, and regulation of, and adoption of
rules under, sections 155A.01 to 155A.16. Staff hired by the
board, including inspectors, shall serve both professions.

Sec. 3.

Minnesota Statutes 2004, section 155A.03,
subdivision 4a, is amended to read:

Subd. 4a.

Licensed practice.

"Licensed practice" means
the practice of cosmetology in a licensed salon or the practice
of an esthetician new text begin in connection with medical care in relation to
esthiology new text end in deleted text begin a licensed physician's deleted text end new text begin the new text end office new text begin of a licensed
physician new text end .

Sec. 4.

Minnesota Statutes 2004, section 155A.04, is
amended to read:

155A.04 ADMINISTRATION.

Subdivision 1. [ deleted text begin COMMISSIONER'S deleted text end new text begin BOARD'S new text end POWERS AND DUTIES;
GENERALLY.] The deleted text begin commissioner of commerce shall have deleted text end new text begin board has
new text end the power and duties necessary for the administration of the
provisions of this chapter.

Subd. 2.

Hiring and assignment of employees.

The
deleted text begin commissioner shall have deleted text end new text begin board has new text end the authority to hire deleted text begin in the
classified service, or to assign to employees of the Department
of Commerce, deleted text end qualified personnel new text begin in the classified service new text end to
assist in administering the law, including those for the testing
and licensing of applicants and the continuing inspections
required.

Sec. 5.

Minnesota Statutes 2004, section 155A.045,
subdivision 1, is amended to read:

Subdivision 1.

Schedule.

The fee schedule for licensees
is as follows:

(a) Three-year license fees:

(1) cosmetologist, manicurist, esthetician, $90 for each
initial license, and $60 for each renewal;

(2) instructor, manager, $120 for each initial license, and
$90 for each renewal;

(3) deleted text begin licensed physician's office, $130 for each initial
license, and $100 for each renewal;
deleted text end

deleted text begin (4) deleted text end salon, $130 for each initial license, and $100 for each
renewal; and

deleted text begin (5) deleted text end new text begin (4) new text end school, $1,500.

(b) Penalties:

(1) reinspection fee, variable; and

(2) manager with lapsed practitioner, $25.

(c) Administrative fees:

(1) certificate of identification, $20; and

(2) school original application, $150.

(d) All fees established in this subdivision must be paid
to the executive secretary of the board deleted text begin on or before September 1
of the year in which they become due deleted text end . The executive secretary
of the board shall deposit the fees in the general fund in the
state treasury deleted text begin , to be disbursed by the executive secretary on
the order of the chair in payment of expenses lawfully incurred
by the board deleted text end .

Sec. 6.

Minnesota Statutes 2004, section 155A.08,
subdivision 1, is amended to read:

Subdivision 1.

Licensing.

Any person who offers
cosmetology services for compensation in this state shall be
licensed as a salon if not employed by another licensed salon or
as an esthetician new text begin in connection with medical care in relation to
esthiology new text end in deleted text begin a licensed physician's area deleted text end new text begin the office of a
licensed physician new text end .

Sec. 7.

Minnesota Statutes 2004, section 155A.135, is
amended to read:

155A.135 ENFORCEMENT.

The provisions of section deleted text begin 45.027 deleted text end new text begin 154.161 new text end apply to the
administration of sections 155A.01 to 155A.16.

Sec. 8. new text begin TRANSFER OF POWERS.
new text end

new text begin All powers, duties, and obligations of the commissioner of
commerce in Minnesota Statutes, chapter 155A, are transferred to
the Board of Barber and Cosmetologist Examiners under Minnesota
Statutes, section 15.039, except as otherwise prescribed in this
act.
new text end

Sec. 9. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor shall: (1) renumber Minnesota Statutes,
sections 154.18, 154.22, and 154.23, as Minnesota Statutes,
sections 154.003, 154.001, and 154.002, respectively; (2)
renumber Minnesota Statutes, chapter 155A, in Minnesota
Statutes, chapter 154, following Minnesota Statutes, section
154.26; and (3) correct references to these sections in
Minnesota Statutes and Minnesota Rules. The revisor shall
delete "Board of Barber Examiners" and substitute "Board of
Barber and Cosmetologist Examiners" in Minnesota Rules and shall
delete "commissioner of commerce", "commissioner," and
"department" where it means the commissioner or Department of
Commerce, and substitute "board" or "Board of Barber and
Cosmetologist Examiners," as appropriate, in Minnesota Rules,
chapters 2642 and 2644. The revisor shall renumber Minnesota
Rules, chapters 2642 and 2644, as chapters 2105 and 2110,
respectively, and shall correct references to the renumbered
parts and chapters.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2004, sections 155A.03, subdivision
13; and 155A.06, are repealed.
new text end

new text begin (b) Minnesota Rules, part 2100.9300, subpart 1, is repealed.
new text end