HF 2228

as introduced - 91st Legislature (2019 - 2020) Posted on 03/07/2019 02:49pm

A bill for an act
relating to health; changing provisions for body art supervision; amending
Minnesota Statutes 2018, sections 146B.03, by adding a subdivision; 146B.08,
subdivision 3; repealing Minnesota Statutes 2018, section 146B.02, subdivision
7a.

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

Section 1.

Minnesota Statutes 2018, section 146B.03, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Supervisors. new text end

new text begin (a) A technician must be licensed as a body artist for at least
two years in Minnesota or in a jurisdiction that Minnesota has reciprocity in order to supervise
a temporary technician.
new text end

new text begin (b) Any technician who agrees to supervise more than two temporary technicians during
the same time period must provide a supervisory plan to the commissioner that describes
how the technician will provide supervision to each temporary technician according to
section 146B.01, subdivision 28.
new text end

new text begin (c) For temporary technicians under supervision, the supervisory plan must include, at
a minimum: (1) the areas of practice under supervision; (2) anticipated supervision hours
per week; (3) anticipated duration of the training period; and (4) method of providing
supervision if there are two or more temporary technicians being supervised during the
same time period.
new text end

new text begin (d) If the supervisory plan is terminated before completion of the technician's supervised
practice, the supervisor must notify the commissioner in writing within 14 days of the change
in supervision and an explanation of why the plan was not completed.
new text end

new text begin (e) The commissioner may refuse to approve as a supervisor a technician who has been
disciplined in Minnesota or in another jurisdiction after considering the criteria in section
146B.02, subdivision 10, paragraph (b).
new text end

Sec. 2.

Minnesota Statutes 2018, section 146B.08, subdivision 3, is amended to read:

Subd. 3.

Grounds for disciplinary action.

The commissioner may take any of the
disciplinary actions listed in subdivision 4 on proof that a technician or an operator of an
establishment has:

(1) intentionally submitted false or misleading information to the commissioner;

new text begin (2) violated any provisions of this chapter, including the requirements for supervisors
and temporary technicians;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end failed, within 30 days, to provide information in response to a written request by
the commissioner;

deleted text begin (3) deleted text end new text begin (4) new text end violated any provision of this chapter;

deleted text begin (4) deleted text end new text begin (5) new text end failed to perform services with reasonable judgment, skill, or safety due to the
use of alcohol or drugs, or other physical or mental impairment;

deleted text begin (5) deleted text end new text begin (6) new text end aided or abetted another person in violating any provision of this chapter;

deleted text begin (6) deleted text end new text begin (7) new text end been or is being disciplined by another jurisdiction, if any of the grounds for the
discipline are the same or substantially equivalent to those under this chapter;

deleted text begin (7) deleted text end new text begin (8) new text end not cooperated with the commissioner in an investigation conducted according
to subdivision 1;

deleted text begin (8) deleted text end new text begin (9) new text end advertised in a manner that is false or misleading;

deleted text begin (9) deleted text end new text begin (10) new text end engaged in conduct likely to deceive, defraud, or harm the public;

deleted text begin (10) deleted text end new text begin (11) new text end demonstrated a willful or careless disregard for the health, welfare, or safety
of a client;

deleted text begin (11) deleted text end new text begin (12) new text end obtained money, property, or services from a client through the use of undue
influence, harassment, duress, deception, or fraud;

deleted text begin (12) deleted text end new text begin (13) new text end failed to refer a client to a health care professional for medical evaluation or
care when appropriate; or

deleted text begin (13) deleted text end new text begin (14) new text end been convicted of a felony-level criminal sexual conduct offense. "Conviction"
means a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by a court.

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

new text begin Minnesota Statutes 2018, section 146B.02, subdivision 7a, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-0353

146B.02 ESTABLISHMENT LICENSE PROCEDURES.

Subd. 7a.

Supervisors.

(a) Only a technician who has been licensed as a body artist for at least two years in Minnesota or in a jurisdiction with which Minnesota has reciprocity may supervise a temporary technician.

(b) Any technician who agrees to supervise more than two temporary technicians during the same time period must provide to the commissioner a supervisory plan that describes how the technician will provide supervision to each temporary technician in accordance with section 146B.01, subdivision 28.

(c) The commissioner may refuse to approve as a supervisor a technician who has been disciplined in Minnesota or in another jurisdiction after considering the criteria described in subdivision 10, paragraph (b).