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HF 3024

as introduced - 89th Legislature (2015 - 2016) Posted on 03/14/2016 03:25pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to occupations; modifying Board of Barber Examiners provisions;
authorizing rulemaking; amending Minnesota Statutes 2014, sections 154.001,
subdivision 2; 154.002; 154.01; 154.02; 154.04; 154.05; 154.065, subdivisions 2,
4; 154.07; 154.08; 154.09; 154.10, subdivision 2; 154.11, subdivision 1; 154.14;
154.15; 154.161, subdivision 7; 154.162; 154.19; 154.21; 154.24; 154.25;
Minnesota Statutes 2015 Supplement, sections 154.003; 154.11, subdivision 3;
154.161, subdivision 4; repealing Minnesota Statutes 2014, sections 154.03;
154.06; 154.11, subdivision 2; 154.12.

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

Section 1.

Minnesota Statutes 2014, section 154.001, subdivision 2, is amended to read:


Subd. 2.

Board of Barber Examiners.

(a) A Board of Barber Examiners is
established to consist of deleted text beginthreedeleted text endnew text begin fournew text end barber 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 barber members shall be a member of, or recommended by, a union of
journeymen barbers that has existed at least two years, and one barber member shall be a
member of, or recommended by, a professional organization of barbers.

Sec. 2.

Minnesota Statutes 2014, section 154.002, is amended to read:


154.002 OFFICERS; COMPENSATION; FEES; EXPENSES.

The Board of Barber Examiners shall annually elect a chair and secretary. It shall
adopt and use a common seal for the authentication of its orders and records. The board
shall appoint an executive secretary or enter into an interagency agreement to procure the
services of an executive secretary. The executive secretary shall not be a member of the
board and shall be in the unclassified civil service. The position of executive secretary
may be a part-time position.

The executive secretary shall keep a record of all proceedings of the board. The
expenses of administering this chapter shall be paid from the appropriations made to
the Board of Barber Examiners.

Each member of the board shall take the oath provided by law for public officers.

A majority of the board, in meeting assembled, may perform and exercise all the
duties and powers devolving upon the board.

The members of the board shall receive compensationnew text begin, as provided in section
214.09,
new text endfor each day spent on board activities, but not to exceed 20 days in any calendar
month nor 100 days in any calendar year.

The board shall have authority to employ such inspectors, clerks, deputies, and other
assistants as it may deem necessary to carry out the provisions of this chapter.

Sec. 3.

Minnesota Statutes 2015 Supplement, section 154.003, is amended to read:


154.003 FEES.

(a) The fees collected, as required in this chapter, chapter 214, and the rules of the
board, shall be paid to the board. The board shall deposit the fees in the general fund
in the state treasury.

(b) The board shall charge the following fees:

(1) examination and certificate, registered barber, $85;

(2) retake of written examination, deleted text beginregistered barber,deleted text end $10;

deleted text begin (3) examination and certificate, apprentice, $80;
deleted text end

deleted text begin (4) retake of written examination, apprentice, $10;
deleted text end

deleted text begin (5)deleted text endnew text begin (3)new text end examinationnew text begin and certificatenew text end, instructor, $180;

deleted text begin (6)deleted text endnew text begin (4)new text end certificate, instructor, $65;

deleted text begin (7)deleted text endnew text begin (5)new text end temporary teacher deleted text beginor apprenticedeleted text end permit, $80;

deleted text begin (8)deleted text endnew text begin (6)new text end temporary registered barber, military, $85;

deleted text begin (9)deleted text endnew text begin (7)new text end temporary barber instructor, military, $180;

deleted text begin (10) temporary apprentice barber, military, $80;
deleted text end

deleted text begin (11)deleted text endnew text begin (8)new text end renewal of registration, registered barber, $80;

deleted text begin (12) renewal of registration, apprentice, $70;
deleted text end

deleted text begin (13)deleted text endnew text begin (9)new text end renewal of registration, instructor, $80;

deleted text begin (14)deleted text endnew text begin (10)new text end renewal of temporary teacher permit, $65;

deleted text begin (15)deleted text endnew text begin (11)new text end student permit, $45;

deleted text begin (16)deleted text endnew text begin (12)new text end renewal of student permit, $25;

deleted text begin (17)deleted text endnew text begin (13)new text end initial shop registration, $85;

deleted text begin (18)deleted text endnew text begin (14)new text end initial school registration, $1,030;

deleted text begin (19)deleted text endnew text begin (15)new text end renewal shop registration, $85;

deleted text begin (20)deleted text endnew text begin (16)new text end renewal school registration, $280;

deleted text begin (21)deleted text endnew text begin (17)new text end restoration of registered barber registration, $95;

deleted text begin (22) restoration of apprentice registration, $90;
deleted text end

deleted text begin (23)deleted text endnew text begin (18)new text end restoration of shop registration, $105;

deleted text begin (24)deleted text endnew text begin (19)new text end change of ownership or location, $55;

deleted text begin (25)deleted text endnew text begin (20)new text end duplicate registration, $40;

deleted text begin (26)deleted text endnew text begin (21)new text end home study course, $75;

deleted text begin (27)deleted text endnew text begin (22)new text end letter of registration verification, $25; and

deleted text begin (28)deleted text endnew text begin (23)new text end reinspection, $100.

Sec. 4.

Minnesota Statutes 2014, section 154.01, is amended to read:


154.01 REGISTRATION MANDATORY.

new text begin (a) The registration of the practice of barbering serves the public health and safety of
the people of the state of Minnesota by ensuring that individuals seeking to practice the
profession of barbering are appropriately trained in the use of the chemicals, tools, and
implements of barbering and demonstrate the skills necessary to conduct barber services
in a safe, sanitary, and appropriate environment required for infection control.
new text end

deleted text begin (a)deleted text endnew text begin (b)new text end No person shall practice, offer to practice, or attempt to practice barbering
without a current certificate of registration as a registered barber, issued pursuant to
provisions of sections 154.001, 154.002, 154.003, 154.01 to deleted text begin154.161deleted text endnew text begin 154.162new text end, 154.19 to
154.21, and 154.24 to by the Board of Barber Examiners.

(deleted text beginb) No person shall serve, offer to serve, or attempt to serve as an apprentice under a
registered barber without a current certificate of registration as a registered apprentice or
temporary apprentice permit issued pursuant to provisions of sections 154.001, 154.002,
154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26 by the Board of
Barber Examiners. The registered apprentice shall, prior to or immediately upon issuance
of the apprentice's certificate of registration, and immediately after changing employment,
advise the board of the name, address, and certificate number of the registered barber
under whom the registered apprentice is working.
deleted text end

new text begin (c) A registered barber must only provide barbering services in a registered barber
shop or barber school, unless prior authorization is given by the board.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end No person shall operate a barber shop unless it is at all times under the direct
supervision and management of a registered barber and the owner or operator of the barber
shop possesses a current shop registration card, issuednew text begin to the barber shop establishment
address,
new text end under sections 154.001, 154.002, 154.003, 154.01 to deleted text begin154.161deleted text end, 154.19 to
154.21, and 154.24 to deleted text begin154.26deleted text end by the Board of Barber Examiners.

deleted text begin (d)deleted text endnew text begin (e)new text end No person shall serve, offer to serve, or attempt to serve as an instructor
of barbering without a current certificate of registration as a registered instructor of
barbering or a temporary permit as an instructor of barbering, as provided for the board
by rule, issued under sections 154.001, 154.002, 154.003, 154.01 to deleted text begin154.161deleted text end,
154.19 to 154.21, and 154.24 to deleted text begin154.26deleted text end by the Board of Barber Examiners.new text begin Barber
instruction must be provided in registered barber schools only.
new text end

deleted text begin (e)deleted text endnew text begin (f)new text end No person shall operate a barber school unless the owner or operator possesses
a current certificate of registration as a barber school, issued under sections 154.001,
154.002, 154.003, 154.01 to deleted text begin154.161deleted text endnew text begin 154.162new text end, 154.19 to 154.21, and 154.24 to deleted text begin154.26
deleted text endnew text begin154.28new text end by the Board of Barber Examiners.

Sec. 5.

Minnesota Statutes 2014, section 154.02, is amended to read:


154.02 deleted text beginWHAT CONSTITUTES BARBERINGdeleted text endnew text begin DEFINITIONSnew text end.

new text begin Subdivision 1. new text end

new text begin What constitutes barbering. new text end

Any one or any combination of the
following practices when done upon the headnew text begin, face,new text end and neck for cosmetic purposes and
not for the treatment of disease or physical or mental ailments and when done for payment
directly or indirectly or without payment for the public generally constitutes the practice
of barbering within the meaning of sections 154.001, 154.002, 154.003, 154.01 to deleted text begin154.161
deleted text endnew text begin154.162new text end, 154.19 to 154.21, and 154.24 to deleted text begin154.26deleted text endnew text begin 154.28new text end: to shave the face or neck, trim
the beard, new text beginclean, condition, new text endcut deleted text beginor bobdeleted text endnew text begin, color, shape, or straightennew text end the hair of any person
of either sex for compensation or other reward received by the person performing such
service or any other person; to give facial and scalp massage deleted text beginor treatmentsdeleted text end with oils,
creams, lotions, or other preparations either by hand or mechanical appliances; to singe,
shampoo the hair, or apply hair tonics; or to apply cosmetic preparations, antiseptics,
powders, oils, clays, or lotions to hair, scalp, face, or neck.

new text begin Subd. 2. new text end

new text begin Barber school. new text end

new text begin A "barber school" is a place that holds a registration as a
barber school in which barbering, as defined in subdivision 1, is practiced by registered
student barbers under the direction of registered barber instructors for the purpose of
learning and teaching barber skills.
new text end

new text begin Subd. 3. new text end

new text begin Barber shop. new text end

new text begin A "barber shop" is a place other than a barber school that
holds a registration as a barber shop under this chapter in which barbering, as defined in
subdivision 1, is practiced.
new text end

new text begin Subd. 4. new text end

new text begin Certificate of registration. new text end

new text begin A "certificate of registration" means the
certificate issued to an individual, barber shop, or barber school that is in compliance
with the requirements of sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19
to 154.21, and 154.24 to 154.28.
new text end

new text begin Subd. 5. new text end

new text begin Designated registered barber. new text end

new text begin The "designated registered barber" is a
registered barber designated as the manager of a barber shop.
new text end

new text begin Subd. 6. new text end

new text begin Registered barber. new text end

new text begin A "registered barber" is an individual who, for
compensation, performs the personal services as defined in subdivision 1, in compliance
with this chapter.
new text end

Sec. 6.

Minnesota Statutes 2014, section 154.04, is amended to read:


154.04 PERSONS EXEMPT FROM REGISTRATION.

The following persons are exempt from the provisions of sections 154.001, 154.002,
154.003, 154.01 to deleted text begin154.161deleted text end, 154.19 to 154.21, and 154.24 to deleted text begin154.26deleted text end while
in the proper discharge of their professional duties:

(1) persons authorized by the law of this state to practice medicine, surgery,
osteopathy, and chiropractic;

(2) commissioned medical or surgical officers of the United States armed services;

(3) registered nurses, licensed practical nurses, and nursing aides performing
services under the direction and supervision of a new text beginlicensed physician or licensed new text endregistered
nurse, provided, however, that no additional compensation shall be paid for such service
and patients who are so attended shall not be charged for barbering;

(4) new text beginlicensed new text endcosmetologists, new text beginwhen providing cosmetology services as defined
in section 155A.23, subdivision 3,
new text endprovided, however, that cosmetologists shall not
hold themselves out as barbers ordeleted text begin, except in the case of nail technicians,deleted text end practice their
occupation in a barber shop; and

(5) persons who perform barbering services for charitable purposes in nursing
homes, shelters, missions, new text beginindividual homes, new text endor other similar facilities, provided, however,
that no direct or indirect compensation is received for the services, and that persons who
receive barbering services are not charged for the services.

Sec. 7.

Minnesota Statutes 2014, section 154.05, is amended to read:


154.05 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A
REGISTERED BARBER.

new text begin (a) new text endA person is qualified to receive a certificate of registration as a registered barber
new text beginif the personnew text end:

(1) deleted text beginwho is qualified under the provisions of section 154.06deleted text endnew text begin has successfully
completed ten grades of education
new text end;

deleted text begin (2) who has practiced as a registered apprentice for a period of 12 months under
the immediate personal supervision of a registered barber; and
deleted text end new text begin (2)(i) has successfully
completed 1,500 hours of study in a board-approved barber school; or
new text end

deleted text begin (3) who has passed an examination conducted by the board to determine fitness
to practice barbering
deleted text end new text begin (ii) holds a currently valid cosmetology license, certification, or
registration in this state or another jurisdiction as verified directly to the board by the
appropriate regulatory authority and completes 500 hours of study in a board-approved
barber school; and
new text end

new text begin (3) has passed an examination conducted by the board to determine fitness to
practice barbering
new text end.

deleted text begin An apprenticedeleted text endnew text begin (b) A first-timenew text end applicant for a certificate of registration to practice as a
registered barber who fails to pass the comprehensive examination conducted by the board
and who fails to pass a onetime retake of the written examination, shall deleted text begincontinue to practice
as an apprentice for
deleted text endnew text begin completenew text end an additional deleted text begin300deleted text endnew text begin 500new text end hours new text beginof barber education new text endbefore being
eligible to retake the comprehensive examination as many times as necessary to pass.

Sec. 8.

Minnesota Statutes 2014, section 154.065, subdivision 2, is amended to read:


Subd. 2.

Qualifications.

A person is qualified to receive a certificate of registration
as an instructor of barbering who:

(1) is a graduate of an approved high school, or its equivalent, as determined by
examination by the Department of Education;

(2) has successfully completed vocational instructor training from a board-approved
program or accredited college or university program that includes the following courses or
their equivalents as determined by the board:

(i) introduction to career and technical education training;

(ii) philosophy and practice of career and technical education;

(iii) course development for career and technical education;

(iv) instructional methods for career and technical education; and

(v) human relations;

(3) is currently a registered barber and has at least three years experience as
a registered barber in this state, or its equivalent new text beginin another state or jurisdiction new text endas
determined by the board; and

(4) has passed an examination conducted by the board to determine fitness to
instruct in barbering.

Sec. 9.

Minnesota Statutes 2014, section 154.065, subdivision 4, is amended to read:


Subd. 4.

Examinations.

Examinations under this section shall be held not to exceed
twice a year at times and at a place or places to be determined by the board. In case of
an emergency, there being no registered instructor of barbering available, a temporary
certificate as an instructor of barberingdeleted text begin, valid only until the results of the next examination
are released,
deleted text end may be issued upon such terms and conditions as the board may prescribe.

Sec. 10.

Minnesota Statutes 2014, section 154.07, is amended to read:


154.07 BARBER SCHOOLS; REQUIREMENTS.

Subdivision 1.

Admission requirements; course of instruction.

No barber school
shall be approved by the board unless it requires, as a prerequisite to admission, ten grades
of an approved school or its equivalent, as determined by new text begineducational transcript, high
school diploma, high school equivalency certificate, or
new text endan examination conducted by the
commissioner of education, which shall issue a certificate that the student has passed the
required examination, and unless it requires, as a prerequisite to graduation, a course of
instruction of at least 1,500 hoursdeleted text begin,deleted text end of not more than deleted text begineightdeleted text endnew text begin tennew text end hours new text beginof schooling new text endin any
one working day. The course of instruction must include the following subjects: scientific
fundamentals for barbering; hygiene; practical study of the hair, skin, muscles, and
nerves; structure of the head, face, and neck; elementary chemistry relating to new text beginsanitation;
disinfection;
new text endsterilization and antiseptics; diseases of the skin, hair, and glands; massaging
and manipulating the muscles of the face and neck; haircutting; shaving; trimming the
beard; bleaching, tinting and dyeing the hair; and the chemical waving and straightening
of hair.

Subd. 3.

Costs.

It is permissible for barber schools to make a reasonable charge for
materials used and services rendered by students for work done in the schools by students.

Subd. 3a.

Number of instructors.

There must be one registered instructor of
barbering for every deleted text begin17deleted text endnew text begin 20new text end students deleted text beginor minor fraction in excess of 17deleted text endnew text begin in attendance at the
same time
new text end. Instruction must not be performed by persons not possessing a certificate of
registration as an instructor of barbering or a temporary permit as an instructor of barbering.

Subd. 4.

Building requirements.

Each barber school must be conducted and
operated in one building, or in connecting buildings, and a barber school must not have
any department or branch in a building completely separated or removed from the
remainder of the barber school.

Subd. 5.

Owner's requirements.

Any person may own deleted text beginand operatedeleted text end a barber school
deleted text beginif the person has had six years' continuous experience as a barber,deleted text end provided the person first
secures from the board an annual certificate of registration as a barber school, keeps it
prominently displayed, and before commencing business:

(1) files with the secretary of state a bond to the state approved by the attorney
general in the sum of $25,000, conditioned upon the faithful compliance of the barber
school with sections 154.001, 154.002, 154.003, 154.01 to deleted text begin154.161deleted text end, 154.19 to
154.21, and 154.24 to deleted text begin154.26deleted text end, and to pay all judgments that may be obtained
against the school, or the owners thereof, on account of fraud, misrepresentation, or deceit
practiced by them or their agents; and

(2) keeps prominently displayed on the exterior a substantial sign indicating that the
establishment is a barber school.

Subd. 5a.

Student permits.

All barber schools upon receiving students shall
immediately apply to the board for student permits upon forms for that purpose furnished
by the board.

Subd. 5b.

Designated operator.

new text beginAll barber schools shall be operated by a barber
with no less than six years of continuous experience as a registered barber in this state or
another state or jurisdiction as determined by the board.
new text endWhen a person who owns a barber
school does not meet the requirements of this section to operate a barber school, the owner
shall notify the board in writing and under oath of the identity of the person designated to
operate the barber school and shall notify the board of any change of operator by telephone
within 24 hours of such change, exclusive of Saturdays, Sundays, and legal holidays, and
shall notify the board in writing and under oath within 72 hours of such change.

Subd. 6.

Operation by technical college or state institution.

A public technical
college or a state institution may operate a barber school provided it has in its employment
a qualified instructor holding a current certificate of registration as a barber instructor and
provided that it secures from the board an annual certificate of registration and does so in
accordance with sections 154.001, 154.002, 154.003, 154.01 to deleted text begin154.161deleted text endnew text begin 154.162new text end, 154.19
to 154.21, and 154.24 to deleted text begin154.26deleted text end and the rules of the board for barber schools but
without the requirement to file a performance bond with the secretary of state.

Sec. 11.

Minnesota Statutes 2014, section 154.08, is amended to read:


154.08 APPLICATION; FEE.

Each applicant for an examination shall:

(1) make application to the Board of Barber Examiners on blank forms prepared and
furnished by it, the application to contain proof under the applicant's oath of the particular
qualifications and identity of the applicant;

(2) provide all documentation required in support of the application;

(3) pay to the board the required fee; and

(4) deleted text beginpresent a government-issued photo identification as proof of identitydeleted text end upon
new text beginacceptance of the notarized new text endapplication deleted text beginanddeleted text endnew text begin present a corresponding government-issued
photo identification
new text end when the applicant appears for examination.

Sec. 12.

Minnesota Statutes 2014, section 154.09, is amended to read:


154.09 EXAMINATIONS, CONDUCT AND SCOPE.

The board shall conduct examinations of applicants for certificates of registration
to practice as new text beginregistered new text endbarbers deleted text beginand apprenticesdeleted text end not more than six times each year, at
such time and place as the board may determine. Additional written examinations may
be scheduled by the board and conducted by board staff as designated by the board. The
proprietor of a barber school must file an affidavit with the board of hours completed by
students applying to take the deleted text beginapprenticedeleted text endnew text begin registered barbernew text end examination. Students must
complete deleted text begin1,500 hoursdeleted text endnew text begin the full 1,500-hour curriculumnew text end in a barber school approved by the
board new text beginwithin the past four years to be eligible for examination. Barber students who have
completed barber school more than four years prior to application, that have not obtained
a barber registration, license, or certificate in any jurisdiction must complete an additional
500 hours of barber school education to be eligible for the registered barber examination.
Registered barbers that fail to renew their registration for four or more years are required
to take the registered barber examination to reinstate the registration
new text end.

The examination of applicants for certificates of registration as barbers deleted text beginand
apprentices
deleted text end shall include a practical demonstration and a written deleted text beginand oraldeleted text end test. The
examination must cover the subjects deleted text beginusuallydeleted text end taught in barber schools registered with the
boardnew text begin, including applicable state statute and rulenew text end.

Sec. 13.

Minnesota Statutes 2014, section 154.10, subdivision 2, is amended to read:


Subd. 2.

Certificates of registration; fees.

When the provisions of this chapter
have been complied with, the board shall issue a certificate of registration as a registered
barber, deleted text beginas a registered apprentice,deleted text end as a registered instructor of barbering, or as a registered
barber school, deleted text begina temporary apprentice permit,deleted text end a temporary permit as an instructor of
barbering, or a new text beginbarber new text endshop registration card upon payment of the required fee. Certificates
of registration, temporary permits, and shop registration cards are not transferable.

Sec. 14.

Minnesota Statutes 2014, section 154.11, subdivision 1, is amended to read:


Subdivision 1.

Examination of nonresidents.

new text begin(a) new text endA person who meets all of
the requirements for barber registration in sections 154.001, 154.002, 154.003, 154.01
to deleted text begin154.161deleted text endnew text begin 154.162new text end, 154.19 to 154.21, and 154.24 to deleted text begin154.26deleted text endnew text begin 154.28new text end and either has a
new text begincurrently active new text endlicense, certificate of registration, or deleted text beginandeleted text end equivalent as a practicing barber
or instructor of barberingnew text begin as verifiednew text end from another state ornew text begin, if presenting foreignnew text end country
new text begincredentials as verified by a board-approved professional credential evaluation provider,
new text endwhich in the discretion of the board has substantially the same requirements for registering
barbers and instructors of barbering as required by sections 154.001, 154.002, 154.003,
154.01 to deleted text begin154.161deleted text endnew text begin 154.162new text end, 154.19 to 154.21, and 154.24 to deleted text begin154.26 or can prove by sworn
affidavits practice as a barber or instructor of barbering in another state or country for at
least five years immediately prior to making application in this state,
deleted text endnew text begin 154.28new text end shall, upon
payment of the required fee, be issued a certificate of registration without examination.

new text begin (b) Individuals without a current documented license, certificate of registration, or
equivalent, as verified in paragraph (a), must have a minimum of 1,500 hours of barber
education as verified by the barber school attended in the other state or if presenting foreign
country education as verified by a board-approved professional credential evaluation
provider, completed within the previous four years, which, in the discretion of the board,
has substantially the same requirements as required in sections 154.001, 154.002, 154.003,
154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 will be eligible for examination.
new text end

new text begin (c) Individuals unable to meet the requirements in paragraph (a) or (b) shall be
subject to all the requirements of section 154.05.
new text end

Sec. 15.

Minnesota Statutes 2015 Supplement, section 154.11, subdivision 3, is
amended to read:


Subd. 3.

Temporary military permits.

(a) In accordance with section 197.4552,
the board shall issue a temporary:

deleted text begin (1) permit for apprentice barbers;
deleted text end

deleted text begin (2)deleted text endnew text begin (1)new text end certificate for registered barbers; and

deleted text begin (3)deleted text endnew text begin (2)new text end certificate for registered barber instructors.

(b) Fees for temporary military permits and certificates of registration under this
subdivision are listed under section 154.003.

(c) Permits or certificates of registration issued under this subdivision are valid
for one year from the date of issuance, after which the individual must complete a full
application as required by section 197.4552.

Sec. 16.

Minnesota Statutes 2014, section 154.14, is amended to read:


154.14 CERTIFICATES OF REGISTRATION AND TEMPORARY PERMITS
TO BE DISPLAYED.

Every holder of a certificate of registration as a registered barber deleted text beginor registered
apprentice or temporary apprentice permit
deleted text end shall display the certificate or permit, with a
photograph of the certificate or permit holder that meets the same standards as required for
a United States passport, in a conspicuous place adjacent to or near the chair where work
is performed. Every holder of a certificate of registration as an instructor of barbering or
a temporary permit as an instructor of barbering shall display the certificate or permit,
with a photograph of the certificate or permit holder that meets the same standards as
required for a United States passport, in a conspicuous place new text beginwithin the barber school that
is
new text endaccessible to the public. Every holder of a certificate of registration as a barber school
and of a new text beginbarber new text endshop registration card shall display it in a conspicuous place new text beginwithin the
establishment that is
new text endaccessible to the public.

Sec. 17.

Minnesota Statutes 2014, section 154.15, is amended to read:


154.15 CERTIFICATES OF REGISTRATION MUST BE RENEWED
ANNUALLY.

Subdivision 1.

Annual renewal required.

All registered barbersdeleted text begin, registered
apprentices,
deleted text end and registered instructors of barbering who continue in active practice or
service shall, on or before December 31 each year, renew their certificates of registration
for the following year and pay the required fee. Every certificate of registration which
has not been renewed during the month of December in any year shall expire on the 31st
day of December in that year. All shop registration cards shall be renewed on or before
June 30 of each year upon payment of the required fee. All certificates of registration as
a barber school shall be renewed on or before December 31 of each year upon payment
of the required fee.

Subd. 2.

Effect of failure to renew.

A registered barber deleted text beginor a registered apprentice
deleted text endwho has not renewed a certificate of registration may be reinstated within four years of
such failure to renew without examination upon the payment of the required restoration
fee for each year the certificate is lapsed. A registered instructor of barbering who has not
renewed a certificate of registration may be reinstated within four years of such failure to
renew without examination upon payment of the required restoration fee for each year
the certificate is lapsed. All registered barbers deleted text beginand registered apprenticesdeleted text end who allow their
certificates of registration to lapse for more than four years shall be required to reexamine
before being issued a certificate of registration. All registered instructors of barbering who
allow their certificates of registration to lapse for more than four years shall be required
to reexamine before being issued a certificate of registration. A barber shop owner who
has not renewed the barber shop certificate for more than one year may reinstate the
barber shop registration upon payment of the restoration fee for each year the shop card
was lapsed. If lapsed or unregistered status is discovered by the barber inspector during
inspection, penalties under section 154.162 shall apply.

Sec. 18.

Minnesota Statutes 2015 Supplement, section 154.161, subdivision 4, is
amended to read:


Subd. 4.

Registration actions.

(a) With respect to a person who is a holder of or
applicant for registration or a shop registration card under sections 154.001, 154.002,
154.003, 154.01 to deleted text begin154.161deleted text end, 154.19 to 154.21, and 154.24 to deleted text begin154.26deleted text end, the
board may by order deny, refuse to renew, suspend, temporarily suspend, or revoke the
application, certificate of registration, or shop registration card, censure or reprimand the
person, refuse to permit the person to sit for examination, or refuse to release the person's
examination grades, if the board finds that such an order is in the public interest and that,
based on a preponderance of the evidence presented, the person has:

(1) violated a statute, rule, or order that the board has adopted or issued or is
empowered to enforce;

(2) engaged in conduct or acts that are fraudulent, deceptive, or dishonest, whether
or not the conduct or acts relate to the practice of barbering, if the fraudulent, deceptive, or
dishonest conduct or acts reflect adversely on the person's ability or fitness to engage in
the practice of barbering;

(3) engaged in conduct or acts that constitute malpractice, are negligent, demonstrate
incompetence, or are otherwise in violation of the standards in the rules of the board,
where the conduct or acts relate to the practice of barbering;

(4) employed fraud or deception in obtaining a certificate of registration, shop
registration card, renewal, or reinstatement, or in passing all or a portion of the examination;

(5) had a certificate of registration or shop registration card, right to examine, or
other similar authority revoked in another jurisdiction;

(6) failed to meet any requirement for issuance or renewal of the person's certificate
of registration or shop registration card;

(7) practiced as a barber while having an infectious or contagious disease;

(8) advertised by means of false or deceptive statements;

(9) demonstrated intoxication or indulgence in the use of drugs, including but not
limited to narcotics as defined in section 152.01 or in United States Code, title 26, section
4731, barbiturates, amphetamines, benzedrine, dexedrine, or other sedatives, depressants,
stimulants, or tranquilizers;

(10) demonstrated unprofessional conduct or practice;

(11) permitted an employee or other person under the person's supervision or
control to practice as a registered barber, deleted text beginregistered apprentice,deleted text end or registered instructor
of barbering unless that person has (i) a current certificate of registration as a registered
barber, deleted text beginregistered apprentice,deleted text end or registered instructor of barbering, (ii) a temporary
apprentice permit, or (iii) a temporary permit as an instructor of barbering;

(12) practices, offered to practice, or attempted to practice by misrepresentation;

(13) failed to display a certificate of registration as required by section 154.14;

(14) used any room or place of barbering that is also used for any other purpose, or
used any room or place of barbering that violates the board's rules governing sanitation;

(15) in the case of a barberdeleted text begin, apprentice,deleted text end or other person working in or in charge of
any barber shop, or any person in a barber school engaging in the practice of barbering,
failed to use separate and clean towels for each customer or patron, or to discard and
launder each towel after being used once;

(16) in the case of a barber or other person in charge of any barber shop or barber
school, (i) failed to supply in a sanitary manner clean hot and cold water in quantities
necessary to conduct the shop or barbering service for the school, (ii) failed to have water
and sewer connections from the shop or barber school with municipal water and sewer
systems where they are available for use, or (iii) failed or refused to maintain a receptacle
for hot water of a capacity of at least five gallons;

(17) refused to permit the board to make an inspection permitted or required by
sections 154.001, 154.002, 154.003, 154.01 to deleted text begin154.161deleted text end, 154.19 to 154.21, and
154.24 to deleted text begin154.26deleted text end, or failed to provide the board or the attorney general on behalf
of the board with any documents or records they request;

(18) failed promptly to renew a certificate of registration or shop registration card
when remaining in practice, pay the required fee, or issue a worthless check;

(19) deleted text beginfailed to supervise a registered apprentice or temporary apprentice, ordeleted text end permitted
the practice of barbering by a person not registered with the board or not holding a
temporary permit;

(20) refused to serve a customer because of race, color, creed, religion, disability,
national origin, or sex;

(21) failed to comply with a provision of sections 136A.82 to 136A.834, or a
provision of another chapter that relates to barber schools; or

(22) with respect to temporary suspension orders, has committed an act, engaged in
conduct, or committed practices that the board, or complaint committee if authorized by the
board, has determined may result or may have resulted in an immediate threat to the public.

(b) In lieu of or in addition to any remedy under paragraph (a), the board may
as a condition of continued registration, termination of suspension, reinstatement of
registration, examination, or release of examination results, require that the person:

(1) submit to a quality review of the person's ability, skills, or quality of work,
conducted in a manner and by a person or entity that the board determines; or

(2) complete to the board's satisfaction continuing education as the board requires.

(c) Service of an order under this subdivision is effective if the order is served
personally on, or is served by certified mail to the most recent address provided to the
board by the certificate holder, applicant, or counsel of record. The order must state the
reason for the entry of the order.

(d) Except as provided in subdivision 5, paragraph (c), all hearings under this
subdivision must be conducted in accordance with the Administrative Procedure Act.

Sec. 19.

Minnesota Statutes 2014, section 154.161, subdivision 7, is amended to read:


Subd. 7.

Reinstatement.

The board may reinstate a suspended, revoked, or
surrendered certificate of registration or shop registration card, on petition of the former
or suspended registrant. The board may in its sole discretion place any conditions on
reinstatement of a suspended, revoked, or surrendered certificate of registration or shop
registration card that it finds appropriate and necessary to ensure that the purposes of
sections 154.001, 154.002, 154.003, 154.01 to deleted text begin154.161deleted text end, 154.19 to 154.21, and
154.24 to deleted text begin154.26deleted text end are met. No certificate of registration or shop registration card
may be reinstated until the former registrant has completed at least one-half of the
suspension period.

Sec. 20.

Minnesota Statutes 2014, section 154.162, is amended to read:


154.162 ADMINISTRATIVE PENALTIES.

The board shall impose and collect the following penalties:

(1) missing or lapsed shop registration discovered upon inspection; penalty imposed
on shop owner: new text beginup to new text end$500;

(2) unregistered deleted text beginapprentice or registereddeleted text end barber, first occurrence discovered upon
inspection; penalty imposed on shop owner and unlicensed or unregistered individual:
new text beginup to new text end$500; and

(3) unregistered deleted text beginapprentice or registereddeleted text end barber, second occurrence discovered upon
inspection; penalty imposed on shop owner and unlicensed or unregistered individual:
new text beginup to new text end$1,000.

Sec. 21.

Minnesota Statutes 2014, section 154.19, is amended to read:


154.19 VIOLATIONS.

Each of the following constitutes a misdemeanor:

(1) The violation of any of the provisions of section 154.01;

(2) Permitting any person in one's employ, supervision, or control to practice as a
registered barber deleted text beginor registered apprenticedeleted text end unless that person has a certificate of registration
as a registered barber deleted text beginor registered apprenticedeleted text end;

(3) Obtaining or attempting to obtain a certificate of registration for money other
than the required fee, or any other thing of value, or by fraudulent misrepresentation;

(4) Practicing or attempting to practice by fraudulent misrepresentation;

(5) The willful failure to display a certificate of registration as required by section
154.14;

(6) The use of any room or place for barbering which is also used for residential or
business purposes, except the sale of hair tonics, lotions, creams, cutlery, toilet articles,
cigars, tobacco, candies in original package, and such commodities as are used and sold in
barber shops, and except that shoeshining and an agency for the reception and delivery of
laundry, or either, may be conducted in a barber shop without the same being construed
as a violation of this section, unless a substantial partition of ceiling height separates the
portion used for residential or business purposes, and where a barber shop is situated in a
residence, poolroom, confectionery, store, restaurant, garage, clothing store, liquor store,
hardware store, or soft drink parlor, there must be an outside entrance leading into the
barber shop independent of any entrance leading into such business establishment, except
that this provision as to an outside entrance shall not apply to barber shops in operation
at the time of the passage of this section and except that a barber shop and deleted text beginbeauty parlor
deleted text endnew text begincosmetology salonnew text end may be operated in conjunction, without the same being separated by
partition of ceiling height;

(7) The failure or refusal of any barber or other person in charge of any barber shop,
or any person in barber schools or colleges doing barber service work, to use separate
and clean towels for each customer or patron, or to discard and launder each towel after
once being used;

(8) The failure or refusal by any barber or other person in charge of any barber shop
or barber school or barber college to supply clean hot and cold water in such quantities as
may be necessary to conduct such shop, or the barbering service of such school or college,
in a sanitary manner, or the failure or refusal of any such person to have water and sewer
connections from such shop, or barber school or college, with municipal water and sewer
systems where the latter are available for use, or the failure or refusal of any such person
to maintain a receptacle for hot water of a capacity of not less than five gallons;

(9) For the purposes of this section, barbers, students, deleted text beginapprentices,deleted text end or the proprietor
or manager of a barber shop, or barber school or barber college, shall be responsible for all
violations of the deleted text beginsanitarydeleted text endnew text begin sanitation and disinfectionnew text end provisions of this sectiondeleted text begin, anddeleted text endnew text begin.new text end If any
new text beginbarber workstation in any new text endbarber shop, or barber school or barber college, upon inspection,
shall be found to be in an unsanitary condition, the person making such inspection shall
immediately issue an order to place the barber shop, or barber school, or barber college, in
a sanitary condition, in a manner and within a time satisfactory to the Board of Barber
Examiners, and for the failure to comply with such order the board shall immediately file a
complaint for the arrest of the persons upon whom the order was issued, and any registered
barber who shall fail to comply with the rules adopted by the Board of Barber Examiners,
with the approval of the state commissioner of health, or the violation or commission of
any of the offenses described in this section and section 154.161, subdivision 4, paragraph
(a), clauses (1), (3), and (4) to (12), shall be fined not less than $10 or imprisoned for ten
days and not more than $100 or imprisoned for 90 days.

Sec. 22.

Minnesota Statutes 2014, section 154.21, is amended to read:


154.21 PERJURY.

The willful making of any false statement as to a material matter in any oath or
affidavit which is required by the provisions of sections 154.001, 154.002, 154.003,
154.01 to deleted text begin154.161deleted text end, 154.19 to 154.21, and 154.24 to deleted text begin154.26deleted text end is perjury
and punishable as such.

Sec. 23.

Minnesota Statutes 2014, section 154.24, is amended to read:


154.24 RULES.

The Board of Barber Examiners shall have authority to make reasonable rules for the
administration of the provisions of sections 154.001, 154.002, 154.003, 154.01 to deleted text begin154.161
deleted text end, 154.19 to 154.21, and 154.24 to deleted text begin154.26deleted text end and prescribe deleted text beginsanitarydeleted text endnew text begin sanitation
and disinfection
new text end requirements for barber shops and barber schools, subject to the approval
of the state commissioner of health. Any member of the board, or its agents or assistants,
shall have authority to enter upon and to inspect any barber shop or barber school at any
time during business hours. A copy of the rules adopted by the board shall be furnished by
it to the owner or manager of each barber shop or barber school and such copy shall be
posted in a conspicuous place in such barber shop or barber school.

The board shall keep a record of its proceedings relating to the issuance, refusal,
renewal, suspension, and revocation of certificates of registration. This record shall
contain the name, place of businessnew text begin,new text end and residence of each registered barber deleted text beginand registered
apprentice
deleted text end, and the date and number of the certificate of registration. This record shall be
open to public inspection at all reasonable times.

Sec. 24.

Minnesota Statutes 2014, section 154.25, is amended to read:


154.25 NOT TO SERVE CERTAIN PERSONS.

No person practicing the occupation of a barber in any barber shop, barber school, or
college in this state shall knowingly serve a person afflicted, in a dangerous or infectious
state of deleted text beginthedeleted text end disease, with deleted text beginerysipelas, eczema, impetigo, sycosis, ordeleted text end any deleted text beginotherdeleted text end contagious or
infectious disease. Any person so afflicted is hereby prohibited from being served in any
barber shop, barber school, or college in this state. Any violation of this section shall be
considered a misdemeanor as provided for in sections 154.001, 154.002, 154.003, 154.01
to deleted text begin154.161deleted text end, 154.19 to 154.21, and 154.24 to deleted text begin154.26deleted text end.

Sec. 25. new text beginRULEMAKING.
new text end

new text begin The Board of Barber Examiners may use expedited rulemaking procedures under
Minnesota Statutes, section 14.389, to amend Minnesota Rules, chapter 2100, to conform
with this act.
new text end

Sec. 26. new text beginTRANSITIONING APPRENTICE BARBERS TO REGISTERED
BARBERS.
new text end

new text begin An apprentice barber practicing on August 1, 2016, is eligible to apply for registered
barber status. An apprentice barber must take the registered barber examination to become
a registered barber. All apprentice barber registrations will be discontinued on December
31, 2017.
new text end

Sec. 27. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 154.03; 154.06; 154.11, subdivision 2; and
154.12,
new text end new text begin are repealed.
new text end

Sec. 28. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective August 1, 2016.
new text end