HF 4027

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to occupations and professions; merging 
  1.3             regulation of cosmetology and barbering under one 
  1.4             board; amending Minnesota Statutes 1998, sections 
  1.5             154.01; 154.02; 154.03; 154.04; 154.06; 154.07, as 
  1.6             amended; 154.08; 154.11; 154.12; 154.161, subdivisions 
  1.7             2, 4, 5, and 7; 154.19; 154.21; 154.22; 154.23; 
  1.8             154.24; 154.25; 155A.01; 155A.02; 155A.03, 
  1.9             subdivisions 1, 2, 7, and by adding a subdivision; 
  1.10            155A.05; 155A.07, subdivisions 2 and 8; 155A.08, 
  1.11            subdivisions 2 and 3; 155A.09; 155A.095; 155A.10; 
  1.12            155A.135; 155A.14; 155A.15; 155A.16; 214.01, 
  1.13            subdivision 3; and 214.04, subdivision 3; Minnesota 
  1.14            Statutes 1999 Supplement, section 116J.70, subdivision 
  1.15            2a; repealing Minnesota Statutes 1998, sections 
  1.16            155A.03, subdivisions 11 and 13; 155A.04; and 155A.06. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18                             ARTICLE 1 
  1.19     Section 1.  Minnesota Statutes 1998, section 154.01, is 
  1.20  amended to read: 
  1.21     154.01 [REGISTRATION MANDATORY.] 
  1.22     (a) No person shall practice, offer to practice, or attempt 
  1.23  to practice barbering without a current certificate of 
  1.24  registration as a registered barber, issued pursuant to 
  1.25  provisions of this chapter sections 154.01 to 154.26 by the 
  1.26  board of barber and cosmetologist examiners.  
  1.27     (b) No person shall serve, offer to serve, or attempt to 
  1.28  serve as an apprentice under a registered barber without a 
  1.29  current certificate of registration as a registered apprentice 
  1.30  or temporary apprentice permit issued pursuant to provisions of 
  1.31  this chapter sections 154.01 to 154.26 by the board of barber 
  2.1   and cosmetologist examiners.  The registered apprentice shall, 
  2.2   prior to or immediately upon issuance of the apprentice's 
  2.3   certificate of registration, and immediately after changing 
  2.4   employment, advise the board of the name, address, and 
  2.5   certificate number of the registered barber under whom the 
  2.6   registered apprentice is working.  
  2.7      (c) No person shall operate a barber shop unless it is at 
  2.8   all times under the direct supervision and management of a 
  2.9   registered barber and the owner or operator of the barber shop 
  2.10  possesses a current shop registration card, issued under this 
  2.11  chapter sections 154.01 to 154.26 by the board of barber and 
  2.12  cosmetologist examiners.  
  2.13     (d) No person shall serve, offer to serve, or attempt to 
  2.14  serve as an instructor of barbering without a current 
  2.15  certificate of registration as a registered instructor of 
  2.16  barbering or a temporary permit as an instructor of barbering, 
  2.17  as provided for the board by rule, issued under this chapter 
  2.18  sections 154.01 to 154.26 by the board of barber and 
  2.19  cosmetologist examiners. 
  2.20     (e) No person shall operate a barber school unless the 
  2.21  owner or operator possesses a current certificate of 
  2.22  registration as a barber school, issued under this chapter 
  2.23  sections 154.01 to 154.26 by the board of barber and 
  2.24  cosmetologist examiners. 
  2.25     Sec. 2.  Minnesota Statutes 1998, section 154.02, is 
  2.26  amended to read: 
  2.27     154.02 [WHAT CONSTITUTES BARBERING.] 
  2.28     Any one or any combination of the following practices when 
  2.29  done upon the head and neck for cosmetic purposes and not for 
  2.30  the treatment of disease or physical or mental ailments and when 
  2.31  done for payment directly or indirectly or without payment for 
  2.32  the public generally constitutes the practice of barbering 
  2.33  within the meaning of this chapter sections 154.01 to 154.26:  
  2.34  to shave, trim the beard, cut or bob the hair of any person of 
  2.35  either sex for compensation or other reward received by the 
  2.36  person performing such service or any other person; to give 
  3.1   facial and scalp massage or treatments with oils, creams, 
  3.2   lotions, or other preparations either by hand or mechanical 
  3.3   appliances; to singe, shampoo the hair, or apply hair tonics; or 
  3.4   to apply cosmetic preparations, antiseptics, powders, oils, 
  3.5   clays, or lotions to scalp, face, or neck.  
  3.6      Sec. 3.  Minnesota Statutes 1998, section 154.03, is 
  3.7   amended to read: 
  3.8      154.03 [APPRENTICES MAY BE EMPLOYED.] 
  3.9      A registered apprentice may practice barbering only if the 
  3.10  registered apprentice is, at all times, under the immediate 
  3.11  personal supervision of a registered barber and is in compliance 
  3.12  with this chapter sections 154.01 to 154.26 and the rules of the 
  3.13  board.  
  3.14     Sec. 4.  Minnesota Statutes 1998, section 154.04, is 
  3.15  amended to read: 
  3.16     154.04 [PERSONS EXEMPT FROM REGISTRATION.] 
  3.17     The following persons are exempt from the provisions 
  3.18  of this chapter sections 154.01 to 154.26 while in the proper 
  3.19  discharge of their professional duties: 
  3.20     (1) persons authorized by the law of this state to practice 
  3.21  medicine, surgery, osteopathy, and chiropractic; 
  3.22     (2) commissioned medical or surgical officers of the United 
  3.23  States armed services; 
  3.24     (3) registered nurses, licensed practical nurses, and 
  3.25  nursing aides performing services under the direction and 
  3.26  supervision of a registered nurse, provided, however, that no 
  3.27  additional compensation shall be paid for such service and 
  3.28  patients who are so attended shall not be charged for barbering; 
  3.29     (4) persons practicing beauty culture cosmetologists, 
  3.30  provided, however, that persons practicing beauty culture 
  3.31  cosmetologists shall not hold themselves out as barbers or, 
  3.32  except in the case of manicurists, practice their occupation in 
  3.33  a barber shop; and 
  3.34     (5) persons who perform barbering services for charitable 
  3.35  purposes in nursing homes, shelters, missions, or other similar 
  3.36  facilities, provided, however, that no direct or indirect 
  4.1   compensation is received for the services, and that persons who 
  4.2   receive barbering services are not charged for the services. 
  4.3      Sec. 5.  Minnesota Statutes 1998, section 154.06, is 
  4.4   amended to read: 
  4.5      154.06 [WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A 
  4.6   REGISTERED APPRENTICE.] 
  4.7      A person is qualified to receive a certificate of 
  4.8   registration as a registered apprentice: 
  4.9      (1) who has completed at least ten grades of an approved 
  4.10  school; 
  4.11     (2) who has graduated from a barber school approved by the 
  4.12  board; and 
  4.13     (3) who has passed an examination conducted by the board to 
  4.14  determine fitness to practice as a registered apprentice.  
  4.15     An applicant for a certificate of registration to practice 
  4.16  as an apprentice who fails to pass the examination conducted by 
  4.17  the board is required to complete a further course of study of 
  4.18  at least 500 hours, of not more than eight hours in any one 
  4.19  working day, in a barber school approved by the board.  
  4.20     A certificate of registration of an apprentice shall be 
  4.21  valid for four years from the date the certificate of 
  4.22  registration is issued by the board and shall not be renewed.  
  4.23  During such the four-year period the certificate of registration 
  4.24  shall remain in full force and effect only if the apprentice 
  4.25  complies with all the provisions of this chapter, as 
  4.26  amended sections 154.01 to 154.26, including the payment of an 
  4.27  annual fee, and the rules of the board.  
  4.28     If any a registered apprentice shall, during the term in 
  4.29  which the certificate of registration is in effect, enter full 
  4.30  time enters full-time active duty in the armed forces of the 
  4.31  United States of America, the expiration date of the certificate 
  4.32  of registration shall be extended by a period of time equal to 
  4.33  the period or periods of active duty. 
  4.34     Sec. 6.  Minnesota Statutes 1998, section 154.07, as 
  4.35  amended by Laws 1998, chapter 398, article 5, section 55, is 
  4.36  amended to read: 
  5.1      154.07 [BARBER SCHOOLS; REQUIREMENTS.] 
  5.2      Subdivision 1.  [ADMISSION REQUIREMENTS; COURSE OF 
  5.3   INSTRUCTION.] No barber school shall be approved by the board 
  5.4   unless it requires, as a prerequisite to admission thereto, ten 
  5.5   grades of an approved school or its equivalent, as determined by 
  5.6   an examination conducted by the commissioner of children, 
  5.7   families, and learning, which shall issue a certificate that the 
  5.8   student has passed the required examination, and unless it 
  5.9   requires, as a prerequisite to graduation, a course of 
  5.10  instruction of at least 1,500 hours, of not more than eight 
  5.11  hours in any one working day; such.  The course of instruction 
  5.12  to must include the following subjects:  scientific fundamentals 
  5.13  for barbering,; hygiene,; practical study of the hair, skin, 
  5.14  muscles, and nerves,; structure of the head, face, and neck,; 
  5.15  elementary chemistry relating to sterilization and antiseptics; 
  5.16  diseases of the skin, hair, and glands,; massaging and 
  5.17  manipulating the muscles of the face and neck,; haircutting,; 
  5.18  shaving, and; trimming the beard; bleaching, tinting and dyeing 
  5.19  the hair,; and the chemical straightening of hair. 
  5.20     Subd. 3.  [COSTS.] It shall be is permissible for barber 
  5.21  schools to make a reasonable charge for materials used and 
  5.22  services rendered by students for work done in such the schools 
  5.23  by students. 
  5.24     Subd. 3a.  [NUMBER OF INSTRUCTORS.] There shall must be one 
  5.25  registered instructor of barbering for every 17 students or 
  5.26  minor fraction in excess of 17.  No Instruction shall must not 
  5.27  be performed by persons not possessing a certificate of 
  5.28  registration as an instructor of barbering or a temporary permit 
  5.29  as an instructor of barbering. 
  5.30     Subd. 4.  [BUILDING REQUIREMENTS.] Each barber school shall 
  5.31  must be conducted and operated in one building, or in connecting 
  5.32  buildings, and no a barber school shall must not have any 
  5.33  department or branch in a building completely separated or 
  5.34  removed from the remainder of the barber school. 
  5.35     Subd. 5.  [OWNER'S REQUIREMENTS.] Any person may own and 
  5.36  operate a barber school if the person has had six years' 
  6.1   continuous experience as a barber, provided the person first 
  6.2   secures from the board an annual certificate of registration as 
  6.3   a barber school, keeps it prominently displayed, and before 
  6.4   commencing business: 
  6.5      (1) files with the secretary of state a bond to the state 
  6.6   approved by the attorney general in the sum of $25,000, 
  6.7   conditioned upon the faithful compliance of the barber school 
  6.8   with all the provisions herein sections 154.01 to 154.26, and to 
  6.9   pay all judgments that may be obtained against the school, or 
  6.10  the owners thereof, on account of fraud, misrepresentation, or 
  6.11  deceit practiced by them or their agents; and 
  6.12     (2) keeps prominently displayed on the exterior a 
  6.13  substantial sign indicating that the establishment is a barber 
  6.14  school. 
  6.15     Subd. 5a.  [STUDENT PERMITS.] All barber schools upon 
  6.16  receiving students shall immediately apply to the board for 
  6.17  student permits upon forms for that purpose furnished by the 
  6.18  board. 
  6.19     Subd. 5b.  [DESIGNATED OPERATOR.] When a person who owns a 
  6.20  barber school does not meet the requirements of this section to 
  6.21  operate a barber school, the owner shall notify the board in 
  6.22  writing and under oath of the identity of the person designated 
  6.23  to operate the barber school and shall notify the board of any 
  6.24  change of operator by telephone within 24 hours of such change, 
  6.25  exclusive of Saturdays, Sundays, and legal holidays, and shall 
  6.26  notify the board in writing and under oath within 72 hours of 
  6.27  such change. 
  6.28     Subd. 6.  [OPERATION BY TECHNICAL COLLEGE OR STATE 
  6.29  INSTITUTION.] A public technical college or a state institution 
  6.30  may operate a barber school provided it has in its employment a 
  6.31  qualified instructor holding a current certificate of 
  6.32  registration as a barber instructor and provided that it secures 
  6.33  from the board of barber examiners an annual certificate of 
  6.34  registration and does so in accordance with this chapter 
  6.35  sections 154.01 to 154.26 and the rules of the board for barber 
  6.36  schools but without the requirement to file a performance bond 
  7.1   with the secretary of state. 
  7.2      Sec. 7.  Minnesota Statutes 1998, section 154.08, is 
  7.3   amended to read: 
  7.4      154.08 [APPLICATION; FEE.] 
  7.5      Each applicant for an examination shall: 
  7.6      (1) make application to the board of barber and 
  7.7   cosmetologist examiners on blank forms prepared and furnished by 
  7.8   it, such the application to contain proof under the applicant's 
  7.9   oath of the particular qualifications of the applicant; 
  7.10     (2) furnish to the board two five inch x three inch signed 
  7.11  photographs of the applicant, one to accompany the application 
  7.12  and one to be returned to the applicant, to be presented to the 
  7.13  board when the applicant appears for examination; and 
  7.14     (3) pay to the board the required fee.  
  7.15     Sec. 8.  Minnesota Statutes 1998, section 154.11, is 
  7.16  amended to read: 
  7.17     154.11 [EXAMINATION OF NONRESIDENT BARBERS AND INSTRUCTORS 
  7.18  OF BARBERING; TEMPORARY APPRENTICE PERMITS.] 
  7.19     Subdivision 1.  [EXAMINATION OF NONRESIDENTS.] A person who 
  7.20  meets all of the requirements for licensure barber registration 
  7.21  in this chapter sections 154.01 to 154.26 and either has a 
  7.22  license, certificate of registration, or an equivalent as a 
  7.23  practicing barber or instructor of barbering from another state 
  7.24  or country which in the discretion of the board has 
  7.25  substantially the same requirements for licensing or registering 
  7.26  barbers and instructors of barbering as required by this chapter 
  7.27  sections 154.01 to 154.26 or can prove by sworn affidavits 
  7.28  practice as a barber or instructor of barbering in another state 
  7.29  or country for at least five years immediately prior to making 
  7.30  application in this state, shall, upon payment of the required 
  7.31  fee, be issued a certificate of registration without 
  7.32  examination, provided that the other state or country grants the 
  7.33  same privileges to holders of Minnesota certificates of 
  7.34  registration. 
  7.35     Subd. 2.  [TEMPORARY APPRENTICE PERMITS FOR NONRESIDENTS.] 
  7.36  Any person who qualifies for examination as a registered barber 
  8.1   under this section may apply for a temporary apprentice permit 
  8.2   which is effective no longer than six months.  All persons 
  8.3   holding a temporary apprentice permit are subject to all 
  8.4   provisions of this chapter sections 154.01 to 154.26 and the 
  8.5   rules adopted by the board under it those sections concerning 
  8.6   the conduct and obligations of registered apprentices. 
  8.7      Sec. 9.  Minnesota Statutes 1998, section 154.12, is 
  8.8   amended to read: 
  8.9      154.12 [EXAMINATION OF NONRESIDENT APPRENTICES.] 
  8.10     A person who meets all of the requirements for licensure 
  8.11  registration as a barber in this chapter sections 154.01 to 
  8.12  154.26, and who has a license, a certificate of registration, or 
  8.13  their its equivalent as an apprentice in a state or country 
  8.14  which in the discretion of the board has substantially the same 
  8.15  requirements for registration as an apprentice as is provided by 
  8.16  this chapter sections 154.01 to 154.26, shall, upon payment of 
  8.17  the required fee, be issued a certificate of registration 
  8.18  without examination, provided that the other state or country 
  8.19  grants the same privileges to holders of Minnesota certificates 
  8.20  of registration. 
  8.21     Sec. 10.  Minnesota Statutes 1998, section 154.161, 
  8.22  subdivision 2, is amended to read: 
  8.23     Subd. 2.  [LEGAL ACTIONS.] (a) When necessary to prevent an 
  8.24  imminent violation of a statute, rule, or order that the board 
  8.25  has adopted or issued or is empowered to enforce, the board, or 
  8.26  a complaint committee if authorized by the board, may bring an 
  8.27  action in the name of the state in the district court of Ramsey 
  8.28  county in which jurisdiction is proper to enjoin the act or 
  8.29  practice and to enforce compliance with the statute, rule, or 
  8.30  order.  On a showing that a person has engaged in or is about to 
  8.31  engage in an act or practice that constitutes a violation of a 
  8.32  statute, rule, or order that the board has adopted or issued or 
  8.33  is empowered to enforce, the court shall grant a permanent or 
  8.34  temporary injunction, restraining order, or other appropriate 
  8.35  relief. 
  8.36     (b) For purposes of injunctive relief under this 
  9.1   subdivision, irreparable harm exists when the board shows that a 
  9.2   person has engaged in or is about to engage in an act or 
  9.3   practice that constitutes violation of a statute, rule, or order 
  9.4   that the board has adopted or issued or is empowered to enforce. 
  9.5      (c) Injunctive relief granted under paragraph (a) does not 
  9.6   relieve an enjoined person from criminal prosecution by a 
  9.7   competent authority, or from action by the board under 
  9.8   subdivision 3, 4, 5, or 6 with respect to the person's 
  9.9   license registration, certificate, or application for 
  9.10  examination, license registration, or renewal. 
  9.11     Sec. 11.  Minnesota Statutes 1998, section 154.161, 
  9.12  subdivision 4, is amended to read: 
  9.13     Subd. 4.  [LICENSE REGISTRATION ACTIONS.] (a) With respect 
  9.14  to a person who is a holder of or applicant for a licensee 
  9.15  registration or a shop registration card under this chapter 
  9.16  sections 154.01 to 154.26, the board may by order deny, refuse 
  9.17  to renew, suspend, temporarily suspend, or revoke the 
  9.18  application, certificate of registration, or shop registration 
  9.19  card, censure or reprimand the person, refuse to permit the 
  9.20  person to sit for examination, or refuse to release the person's 
  9.21  examination grades, if the board finds that such an order is in 
  9.22  the public interest and that, based on a preponderance of the 
  9.23  evidence presented, the person has: 
  9.24     (1) violated a statute, rule, or order that the board has 
  9.25  adopted or issued or is empowered to enforce; 
  9.26     (2) engaged in conduct or acts that are fraudulent, 
  9.27  deceptive, or dishonest, whether or not the conduct or acts 
  9.28  relate to the practice of barbering, if the fraudulent, 
  9.29  deceptive, or dishonest conduct or acts reflect adversely on the 
  9.30  person's ability or fitness to engage in the practice of 
  9.31  barbering; 
  9.32     (3) engaged in conduct or acts that constitute malpractice, 
  9.33  are negligent, demonstrate incompetence, or are otherwise in 
  9.34  violation of the standards in the rules of the board, where the 
  9.35  conduct or acts relate to the practice of barbering; 
  9.36     (4) employed fraud or deception in obtaining a certificate 
 10.1   of registration, shop registration card, renewal, or 
 10.2   reinstatement, or in passing all or a portion of the 
 10.3   examination; 
 10.4      (5) had a certificate of registration or shop registration 
 10.5   card, right to examine, or other similar authority revoked in 
 10.6   another jurisdiction; 
 10.7      (6) failed to meet any requirement for issuance or renewal 
 10.8   of the person's certificate of registration or shop registration 
 10.9   card; 
 10.10     (7) practiced as a barber while having an infectious or 
 10.11  contagious disease; 
 10.12     (8) advertised by means of false or deceptive statements; 
 10.13     (9) demonstrated intoxication or indulgence in the use of 
 10.14  drugs, including but not limited to narcotics as defined in 
 10.15  section 152.01 or in United States Code, title 26, section 4731, 
 10.16  barbiturates, amphetamines, benzedrine, dexedrine, or other 
 10.17  sedatives, depressants, stimulants, or tranquilizers; 
 10.18     (10) demonstrated unprofessional conduct or practice; 
 10.19     (11) permitted an employee or other person under the 
 10.20  person's supervision or control to practice as a registered 
 10.21  barber, registered apprentice, or registered instructor of 
 10.22  barbering unless that person has (i) a current certificate of 
 10.23  registration as a registered barber, registered apprentice, or 
 10.24  registered instructor of barbering, (ii) a temporary apprentice 
 10.25  permit, or (iii) a temporary permit as an instructor of 
 10.26  barbering; 
 10.27     (12) practices, offered to practice, or attempted to 
 10.28  practice by misrepresentation; 
 10.29     (13) failed to display a certificate of registration as 
 10.30  required by section 154.14; 
 10.31     (14) used any room or place of barbering that is also used 
 10.32  for any other purpose, or used any room or place of barbering 
 10.33  that violates the board's rules governing sanitation; 
 10.34     (15) in the case of a barber, apprentice, or other person 
 10.35  working in or in charge of any barber shop, or any person in a 
 10.36  barber school engaging in the practice of barbering, failed to 
 11.1   use separate and clean towels for each customer or patron, or to 
 11.2   discard and launder each towel after being used once; 
 11.3      (16) in the case of a barber or other person in charge of 
 11.4   any barber shop or barber school, (i) failed to supply in a 
 11.5   sanitary manner clean hot and cold water in quantities necessary 
 11.6   to conduct the shop or barbering service for the school, (ii) 
 11.7   failed to have water and sewer connections from the shop or 
 11.8   barber school with municipal water and sewer systems where they 
 11.9   are available for use, or (iii) failed or refused to maintain a 
 11.10  receptacle for hot water of a capacity of at least five gallons; 
 11.11     (17) refused to permit the board to make an inspection 
 11.12  permitted or required by this chapter sections 154.01 to 154.26, 
 11.13  or failed to provide the board or the attorney general on behalf 
 11.14  of the board with any documents or records they request; 
 11.15     (18) failed promptly to renew a certificate of registration 
 11.16  or shop registration card when remaining in practice, pay the 
 11.17  required fee, or issue a worthless check; 
 11.18     (19) failed to supervise a registered apprentice or 
 11.19  temporary apprentice, or permitted the practice of barbering by 
 11.20  a person not registered with the board or not holding a 
 11.21  temporary permit; 
 11.22     (20) refused to serve a customer because of race, color, 
 11.23  creed, religion, disability, national origin, or sex; 
 11.24     (21) failed to comply with a provision of chapter 141 or a 
 11.25  provision of another chapter that relates to barber schools; or 
 11.26     (22) with respect to temporary suspension orders, has 
 11.27  committed an act, engaged in conduct, or committed practices 
 11.28  that the board, or complaint committee if authorized by the 
 11.29  board, has determined may result or may have resulted in an 
 11.30  immediate threat to the public. 
 11.31     (b) In lieu of or in addition to any remedy under paragraph 
 11.32  (a), the board may as a condition of continued registration, 
 11.33  termination of suspension, reinstatement of registration, 
 11.34  examination, or release of examination results, require that the 
 11.35  person: 
 11.36     (1) submit to a quality review of the person's ability, 
 12.1   skills, or quality of work, conducted in a manner and by a 
 12.2   person or entity that the board determines; or 
 12.3      (2) complete to the board's satisfaction continuing 
 12.4   education as the board requires. 
 12.5      (c) Service of an order under this subdivision is effective 
 12.6   if the order is served personally on, or is served by certified 
 12.7   mail to the most recent address provided to the board by, the 
 12.8   licensee, certificate holder, applicant, or counsel of record.  
 12.9   The order must state the reason for the entry of the order. 
 12.10     (d) Except as provided in subdivision 5, paragraph (c), all 
 12.11  hearings under this subdivision must be conducted in accordance 
 12.12  with the Administrative Procedure Act. 
 12.13     Sec. 12.  Minnesota Statutes 1998, section 154.161, 
 12.14  subdivision 5, is amended to read: 
 12.15     Subd. 5.  [TEMPORARY SUSPENSION.] (a) When the board, or 
 12.16  complaint committee if authorized by the board, issues a 
 12.17  temporary suspension order, the suspension provided for in the 
 12.18  order is effective on service of a written copy of the order on 
 12.19  the licensee, certificate holder, or counsel of record.  The 
 12.20  order must specify the statute, rule, or order violated by the 
 12.21  licensee or certificate holder.  The order remains in effect 
 12.22  until the board issues a final order in the matter after a 
 12.23  hearing, or on agreement between the board and the licensee or 
 12.24  certificate holder. 
 12.25     (b) An order under this subdivision may (1) prohibit the 
 12.26  licensee or certificate holder from engaging in the practice of 
 12.27  barbering in whole or in part, as the facts require, and (2) 
 12.28  condition the termination of the suspension on compliance with a 
 12.29  statute, rule, or order that the board has adopted or issued or 
 12.30  is empowered to enforce.  The order must state the reasons for 
 12.31  entering the order and must set forth the right to a hearing as 
 12.32  provided in this subdivision. 
 12.33     (c) Within ten days after service of an order under this 
 12.34  subdivision the licensee or certificate holder may request a 
 12.35  hearing in writing.  The board must hold a hearing before its 
 12.36  own members within five working days of the request for a 
 13.1   hearing.  The sole issue at such a hearing must be whether there 
 13.2   is a reasonable basis to continue, modify, or terminate the 
 13.3   temporary suspension.  The hearing is not subject to the 
 13.4   Administrative Procedure Act.  Evidence presented to the board 
 13.5   or the licensee or certificate holder may be in affidavit form 
 13.6   only.  The licensee, certificate holder, or counsel of record 
 13.7   may appear for oral argument. 
 13.8      (d) Within five working days after the hearing, the board 
 13.9   shall issue its order and, if the order continues the 
 13.10  suspension, shall schedule a contested case hearing within 30 
 13.11  days of the issuance of the order.  Notwithstanding any rule to 
 13.12  the contrary, the administrative law judge shall issue a report 
 13.13  within 30 days after the closing of the contested case hearing 
 13.14  record.  The board shall issue a final order within 30 days of 
 13.15  receiving the report. 
 13.16     Sec. 13.  Minnesota Statutes 1998, section 154.161, 
 13.17  subdivision 7, is amended to read: 
 13.18     Subd. 7.  [REINSTATEMENT.] The board may reinstate a 
 13.19  suspended, revoked, or surrendered certificate of registration 
 13.20  or shop registration card, on petition of the former or 
 13.21  suspended registrant.  The board may in its sole discretion 
 13.22  place any conditions on reinstatement of a suspended, revoked, 
 13.23  or surrendered certificate of registration or shop registration 
 13.24  card that it finds appropriate and necessary to ensure that the 
 13.25  purposes of this chapter sections 154.01 to 154.26 are met.  No 
 13.26  certificate of registration or shop registration card may be 
 13.27  reinstated until the former registrant has completed at least 
 13.28  one-half of the suspension period. 
 13.29     Sec. 14.  Minnesota Statutes 1998, section 154.19, is 
 13.30  amended to read: 
 13.31     154.19 [VIOLATIONS.] 
 13.32     Each of the following constitutes a misdemeanor: 
 13.33     (1) The violation of any of the provisions of section 
 13.34  154.01; 
 13.35     (2) Permitting any person in one's employ, supervision, or 
 13.36  control to practice as a registered barber or registered 
 14.1   apprentice unless that person has a certificate of registration 
 14.2   as a registered barber or registered apprentice; 
 14.3      (3) Obtaining or attempting to obtain a certificate of 
 14.4   registration for money other than the required fee, or any other 
 14.5   thing of value, or by fraudulent misrepresentation; 
 14.6      (4) Practicing or attempting to practice by fraudulent 
 14.7   misrepresentation; 
 14.8      (5) The willful failure to display a certificate of 
 14.9   registration as required by section 154.14; 
 14.10     (6) The use of any room or place for barbering which is 
 14.11  also used for residential or business purposes, except the sale 
 14.12  of hair tonics, lotions, creams, cutlery, toilet articles, 
 14.13  cigars, tobacco, candies in original package, and such 
 14.14  commodities as are used and sold in barber shops, and except 
 14.15  that shoe-shining and an agency for the reception and delivery 
 14.16  of laundry, or either, may be conducted in a barber shop without 
 14.17  the same being construed as a violation of this section, unless 
 14.18  a substantial partition of ceiling height separates the portion 
 14.19  used for residential or business purposes, and where a barber 
 14.20  shop is situated in a residence, poolroom, confectionery, store, 
 14.21  restaurant, garage, clothing store, liquor store, hardware 
 14.22  store, or soft drink parlor, there must be an outside entrance 
 14.23  leading into the barber shop independent of any entrance leading 
 14.24  into such business establishment, except that this provision as 
 14.25  to an outside entrance shall not apply to barber shops in 
 14.26  operation at the time of the passage of this chapter section and 
 14.27  except that a barber shop and beauty parlor may be operated in 
 14.28  conjunction, without the same being separated by partition of 
 14.29  ceiling height; 
 14.30     (7) The failure or refusal of any barber or other person in 
 14.31  charge of any barber shop, or any person in barber schools or 
 14.32  colleges doing barber service work, to use separate and clean 
 14.33  towels for each customer or patron, or to discard and launder 
 14.34  each towel after once being used; 
 14.35     (8) The failure or refusal by any barber or other person in 
 14.36  charge of any barber shop or barber school or barber college to 
 15.1   supply clean hot and cold water in such quantities as may be 
 15.2   necessary to conduct such shop, or the barbering service of such 
 15.3   school or college, in a sanitary manner, or the failure or 
 15.4   refusal of any such person to have water and sewer connections 
 15.5   from such shop, or barber school or college, with municipal 
 15.6   water and sewer systems where the latter are available for use, 
 15.7   or the failure or refusal of any such person to maintain a 
 15.8   receptacle for hot water of a capacity of not less than five 
 15.9   gallons; 
 15.10     (9) For the purposes of this chapter sections 154.01 to 
 15.11  154.26, barbers, students, apprentices, or the proprietor or 
 15.12  manager of a barber shop, or barber school or barber college, 
 15.13  shall be responsible for all violations of the sanitary 
 15.14  provisions of this chapter sections 154.01 to 154.26, and if any 
 15.15  barber shop, or barber school or barber college, upon 
 15.16  inspection, shall be found to be in an unsanitary condition, the 
 15.17  person making such inspection shall immediately issue an order 
 15.18  to place the barber shop, or barber school, or barber college, 
 15.19  in a sanitary condition, in a manner and within a time 
 15.20  satisfactory to the board of barber and cosmetologist examiners, 
 15.21  and for the failure to comply with such order the board shall 
 15.22  immediately file a complaint for the arrest of the persons upon 
 15.23  whom the order was issued, and any licensed registered barber 
 15.24  who shall fail to comply with the rules adopted by the board of 
 15.25  barber and cosmetologist examiners, with the approval of the 
 15.26  state commissioner of health, or the violation or commission of 
 15.27  any of the offenses described in section 154.16, clauses (1), 
 15.28  (2), (3), (4), (5), (6), (7), (8), (9), and of clauses (1), (2), 
 15.29  (3), (4), (5), (6), (7), (8), and (9) of this section, shall be 
 15.30  fined not less than $10 or imprisoned for ten days and not more 
 15.31  than $100 or imprisoned for 90 days. 
 15.32     Sec. 15.  Minnesota Statutes 1998, section 154.21, is 
 15.33  amended to read: 
 15.34     154.21 [PERJURY.] 
 15.35     The willful making of any false statement as to a material 
 15.36  matter in any oath or affidavit which is required by the 
 16.1   provisions of this chapter sections 154.01 to 154.26 is perjury 
 16.2   and punishable as such.  
 16.3      Sec. 16.  Minnesota Statutes 1998, section 154.22, is 
 16.4   amended to read: 
 16.5      154.22 [BOARD OF BARBER AND COSMETOLOGIST EXAMINERS 
 16.6   CREATED; TERMS.] 
 16.7      (a) A board of barber and cosmetologist examiners is 
 16.8   established to consist of four three barber members, three 
 16.9   cosmetologist members, and one public member, as defined in 
 16.10  section 214.02, appointed by the governor. 
 16.11     Three of such (b) The barber members shall be persons who 
 16.12  have practiced as a registered barber barbers in this state for 
 16.13  at least five years immediately prior to their appointment; 
 16.14  shall be graduates from the 12th grade of a high school or have 
 16.15  equivalent education, and shall have knowledge of the matters to 
 16.16  be taught in registered barber schools, as set forth in section 
 16.17  154.07.  The remaining member of the board shall be a public 
 16.18  member as defined by section 214.02.  One of the members shall 
 16.19  be a member of, or recommended by, a union of journeymen barbers 
 16.20  which shall have that has existed at least two years, and one 
 16.21  shall be a member of, or recommended by, a professional 
 16.22  organization of barbers.  
 16.23     (c) One of the cosmetologist members must be a salon owner 
 16.24  or manager, one a manicurist, and one an esthetician.  All 
 16.25  members must be currently licensed in the state of Minnesota, 
 16.26  have practiced in the licensed occupation for at least five 
 16.27  years immediately prior to their appointment, be graduates from 
 16.28  the 12th grade of high school or have equivalent education, and 
 16.29  have knowledge of sections 155A.01 to 155A.16 and Minnesota 
 16.30  Rules, chapters 2642 and 2644.  The members shall be members of, 
 16.31  or recommended by, a professional organization of 
 16.32  cosmetologists, manicurists, or estheticians. 
 16.33     (d) Membership terms, compensation of members, removal of 
 16.34  members, the filling of membership vacancies, and fiscal year 
 16.35  and reporting requirements shall be as provided in sections 
 16.36  214.07 to 214.09.  The provision of staff, administrative 
 17.1   services and office space; the review and processing of 
 17.2   complaints; the setting of board fees; and other provisions 
 17.3   relating to board operations shall be as provided in chapter 214.
 17.4      (e) Members appointed to fill vacancies caused by death, 
 17.5   resignation, or removal shall serve during the unexpired term of 
 17.6   their predecessors. 
 17.7      (f) The barber members of the board shall separately 
 17.8   oversee administration, enforcement, and regulation of, and 
 17.9   adoption of rules under, sections 154.01 to 154.26.  The 
 17.10  cosmetologist members of the board shall separately oversee 
 17.11  administration, enforcement, and regulation of, and adoption of 
 17.12  rules under, sections 155A.01 to 155A.16.  Staff hired by the 
 17.13  board, including inspectors, shall serve both professions. 
 17.14     Sec. 17.  Minnesota Statutes 1998, section 154.23, is 
 17.15  amended to read: 
 17.16     154.23 [OFFICERS; COMPENSATION; FEES; EXPENSES.] 
 17.17     The board of barber and cosmetologist examiners shall 
 17.18  annually elect a chair and secretary.  It shall adopt and use a 
 17.19  common seal for the authentication of its orders and records.  
 17.20  The board shall appoint an executive secretary who shall not be 
 17.21  a member of the board and who shall be in the unclassified civil 
 17.22  service. 
 17.23     The executive secretary shall keep a record of all 
 17.24  proceedings of the board.  The expenses of administering 
 17.25  sections 154.01 to 154.26 this chapter shall be paid from the 
 17.26  appropriations made to the board of barber and cosmetologist 
 17.27  examiners. 
 17.28     Each member of the board shall take the oath provided by 
 17.29  law for public officers. 
 17.30     A majority of the board, in meeting assembled, may perform 
 17.31  and exercise all the duties and powers devolving upon the board. 
 17.32     The members of the board shall receive compensation for 
 17.33  each day spent on board activities, but not to exceed 20 days in 
 17.34  any calendar month nor 100 days in any calendar year. 
 17.35     The board shall have authority to employ such inspectors, 
 17.36  clerks, deputies, and other assistants as it may deem necessary 
 18.1   to carry out the provisions of this chapter. 
 18.2      Sec. 18.  Minnesota Statutes 1998, section 154.24, is 
 18.3   amended to read: 
 18.4      154.24 [RULES.] 
 18.5      The board of barber and cosmetologist examiners shall have 
 18.6   authority to make reasonable rules for the administration of the 
 18.7   provisions of this chapter sections 154.01 to 154.26 and 
 18.8   prescribe sanitary requirements for barber shops and barber 
 18.9   schools, subject to the approval of the state commissioner of 
 18.10  health.  Any member of the board, or its agents or assistants, 
 18.11  shall have authority to enter upon and to inspect any barber 
 18.12  shop or barber school at any time during business hours.  A copy 
 18.13  of the rules adopted by the board shall be furnished by it to 
 18.14  the owner or manager of each barber shop or barber school and 
 18.15  such copy shall be posted in a conspicuous place in such barber 
 18.16  shop or barber school. 
 18.17     The board shall keep a record of its proceedings relating 
 18.18  to the issuance, refusal, renewal, suspension, and revocation of 
 18.19  certificates of registration.  This record shall contain the 
 18.20  name, place of business and residence of each registered barber 
 18.21  and registered apprentice, and the date and number of the 
 18.22  certificate of registration.  This record shall be open to 
 18.23  public inspection at all reasonable times. 
 18.24     Sec. 19.  Minnesota Statutes 1998, section 154.25, is 
 18.25  amended to read: 
 18.26     154.25 [NOT TO SERVE CERTAIN PERSONS.] 
 18.27     No person practicing the occupation of a barber in any 
 18.28  barber shop, barber school, or college in this state shall 
 18.29  knowingly serve a person afflicted, in a dangerous or infectious 
 18.30  state of the disease, with erysipelas, eczema, impetigo, 
 18.31  sycosis, tuberculosis, or any other contagious or infectious 
 18.32  disease.  Any person so afflicted is hereby prohibited from 
 18.33  being served in any barber shop, barber school, or college in 
 18.34  this state.  Any violation of this section shall be considered a 
 18.35  misdemeanor as provided for in this chapter sections 154.01 to 
 18.36  154.26.  
 19.1      Sec. 20.  Minnesota Statutes 1998, section 155A.01, is 
 19.2   amended to read: 
 19.3      155A.01 [POLICY.] 
 19.4      The legislature finds that the health and safety of the 
 19.5   people of the state are served by the licensing of the practice 
 19.6   of cosmetology because of the use of chemicals, apparatus, and 
 19.7   other appliances requiring special skills and education.  
 19.8      To this end, the public will best be served by vesting 
 19.9   these responsibilities in the commissioner of commerce board of 
 19.10  barber and cosmetologist examiners. 
 19.11     Sec. 21.  Minnesota Statutes 1998, section 155A.02, is 
 19.12  amended to read: 
 19.13     155A.02 [PROHIBITION; LIMITATION.] 
 19.14     It shall be unlawful for any person to engage in 
 19.15  cosmetology, or to conduct or operate a cosmetology school or 
 19.16  salon, except as hereinafter provided in sections 155A.03 to 
 19.17  155A.16. 
 19.18     Sec. 22.  Minnesota Statutes 1998, section 155A.03, 
 19.19  subdivision 1, is amended to read: 
 19.20     Subdivision 1.  [TERMS.] For purposes of this chapter 
 19.21  sections 155A.03 to 155A.26, and unless the context clearly 
 19.22  requires otherwise, the words defined in this section have the 
 19.23  meanings given them. 
 19.24     Sec. 23.  Minnesota Statutes 1998, section 155A.03, is 
 19.25  amended by adding a subdivision to read: 
 19.26     Subd. 1a.  [BOARD.] "Board" means the board of barber and 
 19.27  cosmetologist examiners. 
 19.28     Sec. 24.  Minnesota Statutes 1998, section 155A.03, 
 19.29  subdivision 2, is amended to read: 
 19.30     Subd. 2.  [COSMETOLOGY.] "Cosmetology" is the practice of 
 19.31  personal services, for compensation, for the cosmetic care of 
 19.32  the hair, nails, and skin.  These services include cleaning, 
 19.33  conditioning, shaping, reinforcing, coloring and enhancing the 
 19.34  body surface in the areas of the head, scalp, face, arms, hands, 
 19.35  legs, and feet, except where these services are performed by a 
 19.36  licensed barber under chapter 154 sections 154.01 to 154.26.  
 20.1      Sec. 25.  Minnesota Statutes 1998, section 155A.03, 
 20.2   subdivision 7, is amended to read: 
 20.3      Subd. 7.  [SALON.] A "salon" is an area, room, or rooms 
 20.4   employed to offer personal services, as defined in subdivision 2.
 20.5   "Salon" does not include the home of a customer but the 
 20.6   commissioner board may adopt health and sanitation rules 
 20.7   governing practice in the homes of customers.  
 20.8      Sec. 26.  Minnesota Statutes 1998, section 155A.05, is 
 20.9   amended to read: 
 20.10     155A.05 [RULES.] 
 20.11     The commissioner board may develop and adopt rules 
 20.12  according to chapter 14 that the commissioner board considers 
 20.13  necessary to carry out this chapter sections 155A.01 to 155A.16. 
 20.14     Sec. 27.  Minnesota Statutes 1998, section 155A.07, 
 20.15  subdivision 2, is amended to read: 
 20.16     Subd. 2.  [QUALIFICATIONS.] Qualifications for licensing in 
 20.17  each classification shall be determined by the commissioner 
 20.18  board and established by rule, and shall include educational and 
 20.19  experiential prerequisites.  The rules shall require a 
 20.20  demonstrated knowledge of procedures necessary to protect the 
 20.21  health of the practitioner and the consumer of cosmetology 
 20.22  services, including but not limited to chemical applications.  
 20.23     Sec. 28.  Minnesota Statutes 1998, section 155A.07, 
 20.24  subdivision 8, is amended to read: 
 20.25     Subd. 8.  [EXEMPTIONS.] Persons licensed to provide 
 20.26  cosmetology services in other states visiting this state for 
 20.27  cosmetology demonstrations shall be exempted from the licensing 
 20.28  provisions of this chapter sections 155A.01 to 155A.16 if 
 20.29  services to consumers are in the physical presence of a licensed 
 20.30  cosmetologist.  
 20.31     Sec. 29.  Minnesota Statutes 1998, section 155A.08, 
 20.32  subdivision 2, is amended to read: 
 20.33     Subd. 2.  [REQUIREMENTS.] (a) The conditions and process by 
 20.34  which a salon is licensed shall be established by the 
 20.35  commissioner board by rule.  In addition to those requirements, 
 20.36  no license shall be issued unless the commissioner board first 
 21.1   determines that paragraphs (a) to (e) the following conditions 
 21.2   have been satisfied:  
 21.3      (a) (1) compliance with all local and state laws, 
 21.4   particularly relating to matters of sanitation, health, and 
 21.5   safety; 
 21.6      (b) (2) the employment of a manager, as defined in section 
 21.7   155A.03, subdivision 6; 
 21.8      (c) (3) inspection and licensing prior to the commencing of 
 21.9   business; 
 21.10     (d) (4) if applicable, evidence of compliance with section 
 21.11  176.182; and 
 21.12     (e) (5) evidence of continued professional liability 
 21.13  insurance coverage of at least $25,000 for each claim and 
 21.14  $50,000 total coverage for each policy year for each operator.  
 21.15     (b) A licensed esthetician or manicurist who complies with 
 21.16  the health, safety, sanitation, inspection, and insurance rules 
 21.17  promulgated by the commissioner board to operate a salon solely 
 21.18  for the performance of those personal services defined in 
 21.19  section 155A.03, subdivision 4, in the case of an esthetician, 
 21.20  or subdivision 5, in the case of a manicurist. 
 21.21     Sec. 30.  Minnesota Statutes 1998, section 155A.08, 
 21.22  subdivision 3, is amended to read: 
 21.23     Subd. 3.  [HEALTH AND SANITARY STANDARDS.] Minimum health 
 21.24  and sanitary standards for the operation of a salon shall be 
 21.25  established by rule.  A salon shall not be located in a room 
 21.26  used for residential purposes.  If a salon is in the residence 
 21.27  of a person practicing cosmetology, the rooms used for the 
 21.28  practice of cosmetology shall be completely partitioned off from 
 21.29  the living quarters.  The salon may be inspected as often as the 
 21.30  commissioner board considers necessary to affirm compliance.  
 21.31     Sec. 31.  Minnesota Statutes 1998, section 155A.09, is 
 21.32  amended to read: 
 21.33     155A.09 [SCHOOLS.] 
 21.34     Subdivision 1.  [LICENSING.] Any person who establishes or 
 21.35  conducts a school in this state shall be licensed.  
 21.36     Subd. 2.  [STANDARDS.] The commissioner board shall by rule 
 22.1   establish minimum standards of course content and length 
 22.2   specific to the educational preparation prerequisite to testing 
 22.3   and licensing as cosmetologist, esthetician, and manicurist.  
 22.4      Subd. 3.  [APPLICATIONS.] Application for a license shall 
 22.5   be prepared on forms furnished by the commissioner board and 
 22.6   shall contain the following and such other information as may be 
 22.7   required:  
 22.8      (a) (1) the name of the school, together with ownership and 
 22.9   controlling officers, members, and managing employees and 
 22.10  commissioner; 
 22.11     (b) (2) the specific fields of instruction which will be 
 22.12  offered and reconciliation of the course content and length to 
 22.13  meet the minimum standards, as prescribed in subdivision 2; 
 22.14     (c) (3) the place or places where instruction will be 
 22.15  given; 
 22.16     (d) (4) a listing of the equipment available for 
 22.17  instruction in each course offered; 
 22.18     (e) (5) the maximum enrollment to be accommodated; 
 22.19     (f) (6) a listing of instructors, all of whom shall be 
 22.20  licensed as provided in section 155A.07, subdivision 2, except 
 22.21  that any school may use occasional instructors or lecturers who 
 22.22  would add to the general or specialized knowledge of the 
 22.23  students but who need not be licensed; 
 22.24     (g) (7) a current balance sheet, income statement or 
 22.25  documentation to show sufficient financial worth and 
 22.26  responsibility to properly conduct a school and to assure 
 22.27  financial resources ample to meet the school's financial 
 22.28  obligations; 
 22.29     (h) (8) other financial guarantees which would assure 
 22.30  protection of the public as determined by rule; and 
 22.31     (i) (9) a copy of all written material which the school 
 22.32  uses to solicit prospective students, including but not limited 
 22.33  to a tuition and fee schedule, and all catalogues, brochures and 
 22.34  other recruitment advertisements.  Each school shall annually, 
 22.35  on a date determined by the commissioner board, file with 
 22.36  the director board any new or amended materials which it has 
 23.1   distributed during the past year.  
 23.2      Subd. 4.  [VERIFICATION OF APPLICATION.] Each application 
 23.3   shall be signed and certified to under oath by the proprietor if 
 23.4   the applicant is a proprietorship, by the managing partner if 
 23.5   the applicant is a partnership, or by the authorized officers of 
 23.6   the applicant if the applicant is a corporation, association, 
 23.7   company, firm, society or trust.  
 23.8      Subd. 5.  [CONDITIONS PRECEDENT TO ISSUANCE.] No A 
 23.9   license shall must not be issued unless the commissioner board 
 23.10  first determines: that the applicant has met the requirements in 
 23.11  clauses (1) to (8). 
 23.12     (a) That (1) The applicant has must have a sound financial 
 23.13  condition with sufficient resources available to meet the 
 23.14  school's financial obligations; to refund all tuition and other 
 23.15  charges, within a reasonable period of time, in the event of 
 23.16  dissolution of the school or in the event of any justifiable 
 23.17  claims for refund against the school; to provide adequate 
 23.18  service to its students and prospective students; and for the to 
 23.19  maintain proper use and support of the school to be maintained;. 
 23.20     (b) That (2) The applicant has must have satisfactory 
 23.21  training facilities with sufficient tools and equipment and the 
 23.22  necessary number of work stations to adequately train the 
 23.23  students currently enrolled, and those proposed to be enrolled;. 
 23.24     (c) That (3) The applicant employs must employ a sufficient 
 23.25  number of qualified instructors trained by experience and 
 23.26  education to give the training contemplated;. 
 23.27     (d) That (4) The premises and conditions under which the 
 23.28  students work and study are must be sanitary, healthful, and 
 23.29  safe according to modern standards;. 
 23.30     (e) That (5) Each occupational course or program of 
 23.31  instruction or study shall must be of such quality and content 
 23.32  as to provide education and training which will adequately 
 23.33  prepare enrolled students for testing, licensing, and entry 
 23.34  level positions as a cosmetologist, esthetician, or manicurist;. 
 23.35     (f) Evidence of (6) The school's school must have coverage 
 23.36  by professional liability insurance of at least $25,000 per 
 24.1   incident and an accumulation of $150,000 for each premium year;. 
 24.2      (g) (7) The applicant shall provide evidence of the 
 24.3   school's compliance with section 176.182; and. 
 24.4      (h) (8) The applicant, except the state and its political 
 24.5   subdivisions as described in section 471.617, subdivision 1, 
 24.6   shall file with the commissioner board a continuous corporate 
 24.7   surety bond in the amount of $10,000, conditioned upon the 
 24.8   faithful performance of all contracts and agreements with 
 24.9   students made by the applicant.  The bond shall run to the state 
 24.10  of Minnesota and to any person who may have a cause of action 
 24.11  against the applicant arising at any time after the bond is 
 24.12  filed and before it is canceled for breach of any contract or 
 24.13  agreement made by the applicant with any student.  The aggregate 
 24.14  liability of the surety for all breaches of the conditions of 
 24.15  the bond shall not exceed $10,000.  The surety of the bond may 
 24.16  cancel it upon giving 60 days' notice in writing to 
 24.17  the commissioner board and shall be relieved of liability for 
 24.18  any breach of condition occurring after the effective date of 
 24.19  cancellation. 
 24.20     Subd. 6.  [FEES; RENEWALS.] (a) Applications for initial 
 24.21  license under this chapter sections 155A.01 to 155A.16 shall be 
 24.22  accompanied by a nonrefundable application fee set forth in 
 24.23  section 155A.045.  
 24.24     (b) License duration shall be three years.  Each renewal 
 24.25  application shall be accompanied by a nonrefundable renewal fee 
 24.26  set forth in section 155A.045.  
 24.27     (c) Application for renewal of license shall be made as 
 24.28  provided in rules adopted by the commissioner board and on forms 
 24.29  supplied by the commissioner board.  
 24.30     Subd. 7.  [INSPECTIONS.] All schools may be inspected as 
 24.31  often as the commissioner board considers necessary to affirm 
 24.32  compliance.  The commissioner board shall have the authority to 
 24.33  assess the cost of the inspection to the school.  
 24.34     Subd. 8.  [LIST OF LICENSED SCHOOLS; AVAILABILITY.] The 
 24.35  commissioner board shall maintain and make available to the 
 24.36  public a list of licensed schools.  
 25.1      Subd. 9.  [SEPARATION OF SCHOOL AND PROFESSIONAL 
 25.2   DEPARTMENTS.] A school shall display in the entrance reception 
 25.3   room of its student section a sign prominently and conspicuously 
 25.4   indicating that all work therein is done exclusively by 
 25.5   students.  Professional departments of a school shall be run as 
 25.6   entirely separate and distinct businesses and shall have 
 25.7   separate entrances.  
 25.8      Nothing contained in this chapter sections 155A.01 to 
 25.9   155A.16 shall prevent a school from charging for student work 
 25.10  done in the school to cover the cost of materials used and 
 25.11  expenses incurred in and for the operation of the school.  All 
 25.12  of the student work shall be prominently and conspicuously 
 25.13  advertised and held forth as being student work and not 
 25.14  otherwise.  
 25.15     Subd. 10.  [DISCRIMINATION PROHIBITED.] No school, duly 
 25.16  approved under this chapter sections 155A.01 to 155A.16, shall 
 25.17  refuse to teach any student, otherwise qualified, on account of 
 25.18  race, sex, creed, color, citizenship, national origin, or sexual 
 25.19  preference.  
 25.20     Sec. 32.  Minnesota Statutes 1998, section 155A.095, is 
 25.21  amended to read: 
 25.22     155A.095 [INSPECTIONS.] 
 25.23     The commissioner board is responsible for inspecting salons 
 25.24  and schools licensed pursuant to this chapter sections 155A.01 
 25.25  to 155A.16 to assure compliance with the requirements of this 
 25.26  chapter sections 155A.01 to 155A.16.  The commissioner board 
 25.27  shall direct department board resources first to the inspection 
 25.28  of those licensees who fail to meet the requirements of law, 
 25.29  have indicated that they present a greater risk to the public, 
 25.30  or have otherwise, in the opinion of the commissioner board, 
 25.31  demonstrated that they require a greater degree of regulatory 
 25.32  attention.  
 25.33     Sec. 33.  Minnesota Statutes 1998, section 155A.10, is 
 25.34  amended to read: 
 25.35     155A.10 [DISPLAY OF LICENSE.] 
 25.36     (a) Every holder of a license granted by the commissioner, 
 26.1   board shall display it in a conspicuous place in the place of 
 26.2   business. 
 26.3      (b) Notwithstanding the provisions of paragraph (a), 
 26.4   nothing contained in this chapter sections 155A.01 to 155A.16 
 26.5   shall be construed to prohibit a person licensed to provide 
 26.6   cosmetology services from engaging in any practices defined 
 26.7   in this chapter sections 155A.01 to 155A.16 in the homes of 
 26.8   customers or patrons, under the sanitary and health rules 
 26.9   promulgated by the commissioner board.  
 26.10     Sec. 34.  Minnesota Statutes 1998, section 155A.135, is 
 26.11  amended to read: 
 26.12     155A.135 [ENFORCEMENT.] 
 26.13     The provisions of section 45.027 apply to the 
 26.14  administration of this chapter sections 155A.01 to 155A.16. 
 26.15     Sec. 35.  Minnesota Statutes 1998, section 155A.14, is 
 26.16  amended to read: 
 26.17     155A.14 [SERVICES EXCEPTED; EMERGENCY.] 
 26.18     Nothing in this chapter sections 155A.01 to 155A.16 
 26.19  prohibits services in cases of emergency where compensation or 
 26.20  other reward is not received, nor in domestic service, nor in 
 26.21  the practice of medicine, surgery, dentistry, podiatry, 
 26.22  osteopathy, chiropractic, or barbering.  This section shall not 
 26.23  be construed to authorize any of the persons so exempted to wave 
 26.24  the hair, or to color, tint, or bleach the hair, in any manner.  
 26.25     Sec. 36.  Minnesota Statutes 1998, section 155A.15, is 
 26.26  amended to read: 
 26.27     155A.15 [APPOINTMENT OF AGENT FOR SERVICE OF PROCESS.] 
 26.28     Any person, firm, partnership, or corporation, not a 
 26.29  resident of Minnesota, who engages in Minnesota in the practices 
 26.30  regulated in this chapter sections 155A.01 to 155A.16 shall file 
 26.31  with the commissioner board the name and address of a duly 
 26.32  authorized agent for service of legal process, which agent for 
 26.33  service shall be a resident of the state of Minnesota.  
 26.34     Sec. 37.  Minnesota Statutes 1998, section 155A.16, is 
 26.35  amended to read: 
 26.36     155A.16 [VIOLATIONS; PENALTIES.] 
 27.1      Any person who violates any of the provisions of this 
 27.2   chapter sections 155A.01 to 155A.16 is guilty of a misdemeanor 
 27.3   and upon conviction may be sentenced to imprisonment for not 
 27.4   more than 90 days or fined not more than $700, or both, per 
 27.5   violation. 
 27.6      Sec. 38.  [TRANSFER OF POWERS.] 
 27.7      All powers, duties, and obligations of the commissioner of 
 27.8   commerce in Minnesota Statutes, chapter 155A, are transferred to 
 27.9   the board of barber and cosmetologist examiners under Minnesota 
 27.10  Statutes, section 15.039, except as otherwise prescribed in this 
 27.11  act. 
 27.12     Sec. 39.  [REVISOR'S INSTRUCTION.] 
 27.13     The revisor shall renumber Minnesota Statutes, sections 
 27.14  154.18, 154.22, and 154.23, as Minnesota Statutes, sections 
 27.15  154.003, 154.001, and 154.002, respectively; renumber Minnesota 
 27.16  Statutes, chapter 155A, in Minnesota Statutes, chapter 154, 
 27.17  following Minnesota Statutes, section 154.26; and correct 
 27.18  references to these sections in Minnesota Statutes and Minnesota 
 27.19  Rules.  The revisor shall delete "board of barber examiners" and 
 27.20  substitute "board of barber and cosmetologist examiners" in 
 27.21  Minnesota Rules and shall delete "commissioner of commerce," 
 27.22  "commissioner," and "department" where it means the commissioner 
 27.23  or department of commerce, and substitute "board" or "board of 
 27.24  barber and cosmetologist examiners", as appropriate, in 
 27.25  Minnesota Rules, chapters 2642 and 2644.  The revisor shall 
 27.26  renumber Minnesota Rules, chapters 2642 and 2644, as chapters 
 27.27  2105 and 2110, respectively, and shall correct references to the 
 27.28  renumbered parts and chapters. 
 27.29     Sec. 40.  [REPEALER.] 
 27.30     Minnesota Statutes 1998, sections 155A.03, subdivisions 11 
 27.31  and 13; 155A.04; and 155A.06, are repealed. 
 27.32     Sec. 41.  [EFFECTIVE DATE.] 
 27.33     This article is effective July 1, 2000. 
 27.34                             ARTICLE 2 
 27.35     Section 1.  Minnesota Statutes 1999 Supplement, section 
 27.36  116J.70, subdivision 2a, is amended to read: 
 28.1      Subd. 2a.  [LICENSE; EXCEPTIONS.] "Business license" or 
 28.2   "license" does not include the following:  
 28.3      (1) any occupational license or registration issued by a 
 28.4   licensing board listed in section 214.01 or any occupational 
 28.5   registration issued by the commissioner of health pursuant to 
 28.6   section 214.13; 
 28.7      (2) any license issued by a county, home rule charter city, 
 28.8   statutory city, township, or other political subdivision; 
 28.9      (3) any license required to practice the following 
 28.10  occupation regulated by the following sections:  
 28.11     (i) abstracters regulated pursuant to chapter 386; 
 28.12     (ii) accountants regulated pursuant to chapter 326; 
 28.13     (iii) adjusters regulated pursuant to chapter 72B; 
 28.14     (iv) architects regulated pursuant to chapter 326; 
 28.15     (v) assessors regulated pursuant to chapter 270; 
 28.16     (vi) athletic trainers regulated pursuant to chapter 148; 
 28.17     (vii) attorneys regulated pursuant to chapter 481; 
 28.18     (viii) auctioneers regulated pursuant to chapter 330; 
 28.19     (ix) barbers and cosmetologists regulated pursuant to 
 28.20  chapter 154; 
 28.21     (x) beauticians regulated pursuant to chapter 155A; 
 28.22     (xi) boiler operators regulated pursuant to chapter 183; 
 28.23     (xii) (xi) chiropractors regulated pursuant to chapter 148; 
 28.24     (xiii) (xii) collection agencies regulated pursuant to 
 28.25  chapter 332; 
 28.26     (xiv) cosmetologists regulated pursuant to chapter 155A; 
 28.27     (xv) (xiii) dentists, registered dental assistants, and 
 28.28  dental hygienists regulated pursuant to chapter 150A; 
 28.29     (xvi) (xiv) detectives regulated pursuant to chapter 326; 
 28.30     (xvii) (xv) electricians regulated pursuant to chapter 326; 
 28.31     (xviii) (xvi) mortuary science practitioners regulated 
 28.32  pursuant to chapter 149A; 
 28.33     (xix) (xvii) engineers regulated pursuant to chapter 326; 
 28.34     (xx) (xviii) insurance brokers and salespersons regulated 
 28.35  pursuant to chapter 60A; 
 28.36     (xxi) (xix) certified interior designers regulated pursuant 
 29.1   to chapter 326; 
 29.2      (xxii) (xx) midwives regulated pursuant to chapter 148; 
 29.3      (xxiii) (xxi) nursing home administrators regulated 
 29.4   pursuant to chapter 144A; 
 29.5      (xxiv) (xxii) optometrists regulated pursuant to chapter 
 29.6   148; 
 29.7      (xxv) (xxiii) osteopathic physicians regulated pursuant to 
 29.8   chapter 147; 
 29.9      (xxvi) (xxiv) pharmacists regulated pursuant to chapter 
 29.10  151; 
 29.11     (xxvii) (xxv) physical therapists regulated pursuant to 
 29.12  chapter 148; 
 29.13     (xxviii) (xxvi) physician assistants regulated pursuant to 
 29.14  chapter 147A; 
 29.15     (xxix) (xxvii) physicians and surgeons regulated pursuant 
 29.16  to chapter 147; 
 29.17     (xxx) (xxviii) plumbers regulated pursuant to chapter 326; 
 29.18     (xxxi) (xxix) podiatrists regulated pursuant to chapter 
 29.19  153; 
 29.20     (xxxii) (xxx) practical nurses regulated pursuant to 
 29.21  chapter 148; 
 29.22     (xxxiii) (xxxi) professional fund raisers regulated 
 29.23  pursuant to chapter 309; 
 29.24     (xxxiv) (xxxii) psychologists regulated pursuant to chapter 
 29.25  148; 
 29.26     (xxxv) (xxxiii) real estate brokers, salespersons, and 
 29.27  others regulated pursuant to chapters 82 and 83; 
 29.28     (xxxvi) (xxxiv) registered nurses regulated pursuant to 
 29.29  chapter 148; 
 29.30     (xxxvii) (xxxv) securities brokers, dealers, agents, and 
 29.31  investment advisers regulated pursuant to chapter 80A; 
 29.32     (xxxviii) (xxxvi) steamfitters regulated pursuant to 
 29.33  chapter 326; 
 29.34     (xxxix) (xxxvii) teachers and supervisory and support 
 29.35  personnel regulated pursuant to chapter 125; 
 29.36     (xl) (xxxviii) veterinarians regulated pursuant to chapter 
 30.1   156; 
 30.2      (xli) (xxxix) water conditioning contractors and installers 
 30.3   regulated pursuant to chapter 326; 
 30.4      (xlii) (xl) water well contractors regulated pursuant to 
 30.5   chapter 103I; 
 30.6      (xliii) (xli) water and waste treatment operators regulated 
 30.7   pursuant to chapter 115; 
 30.8      (xliv) (xlii) motor carriers regulated pursuant to chapter 
 30.9   221; 
 30.10     (xlv) (xliii) professional firms regulated under chapter 
 30.11  319B; 
 30.12     (xlvi) (xliv) real estate appraisers regulated pursuant to 
 30.13  chapter 82B; 
 30.14     (xlvii) (xlv) residential building contractors, residential 
 30.15  remodelers, residential roofers, manufactured home installers, 
 30.16  and specialty contractors regulated pursuant to chapter 326; 
 30.17     (4) any driver's license required pursuant to chapter 171; 
 30.18     (5) any aircraft license required pursuant to chapter 360; 
 30.19     (6) any watercraft license required pursuant to chapter 
 30.20  86B; 
 30.21     (7) any license, permit, registration, certification, or 
 30.22  other approval pertaining to a regulatory or management program 
 30.23  related to the protection, conservation, or use of or 
 30.24  interference with the resources of land, air, or water, which is 
 30.25  required to be obtained from a state agency or instrumentality; 
 30.26  and 
 30.27     (8) any pollution control rule or standard established by 
 30.28  the pollution control agency or any health rule or standard 
 30.29  established by the commissioner of health or any licensing rule 
 30.30  or standard established by the commissioner of human services.  
 30.31     Sec. 2.  Minnesota Statutes 1998, section 214.01, 
 30.32  subdivision 3, is amended to read: 
 30.33     Subd. 3.  [NON-HEALTH-RELATED LICENSING BOARD.] 
 30.34  "Non-health-related licensing board" means the board of teaching 
 30.35  established pursuant to section 122A.07, the board of barber and 
 30.36  cosmetologist examiners established pursuant to section 154.22, 
 31.1   the board of assessors established pursuant to section 270.41, 
 31.2   the board of architecture, engineering, land surveying, 
 31.3   landscape architecture, geoscience, and interior design 
 31.4   established pursuant to section 326.04, the board of accountancy 
 31.5   established pursuant to section 326.17, the board of electricity 
 31.6   established pursuant to section 326.241, the private detective 
 31.7   and protective agent licensing board established pursuant to 
 31.8   section 326.33, the board of boxing established pursuant to 
 31.9   section 341.01, and the peace officer standards and training 
 31.10  board established pursuant to section 626.841. 
 31.11     Sec. 3.  Minnesota Statutes 1998, section 214.04, 
 31.12  subdivision 3, is amended to read: 
 31.13     Subd. 3.  [OFFICERS; STAFF.] The executive director of each 
 31.14  health-related board and the executive secretary of each 
 31.15  non-health-related board shall be the chief administrative 
 31.16  officer for the board but shall not be a member of the board.  
 31.17  The executive director or executive secretary shall maintain the 
 31.18  records of the board, account for all fees received by it, 
 31.19  supervise and direct employees servicing the board, and perform 
 31.20  other services as directed by the board.  The executive 
 31.21  directors, executive secretaries, and other employees of the 
 31.22  following boards shall be hired by the board, and the executive 
 31.23  directors or executive secretaries shall be in the unclassified 
 31.24  civil service, except as provided in this subdivision:  
 31.25     (1) dentistry; 
 31.26     (2) medical practice; 
 31.27     (3) nursing; 
 31.28     (4) pharmacy; 
 31.29     (5) accountancy; 
 31.30     (6) architecture, engineering, land surveying, landscape 
 31.31  architecture, geoscience, and interior design; 
 31.32     (7) barber and cosmetologist examiners; 
 31.33     (8) cosmetology; 
 31.34     (9) electricity; 
 31.35     (10) (9) teaching; 
 31.36     (11) (10) peace officer standards and training; 
 32.1      (12) (11) social work; 
 32.2      (13) (12) marriage and family therapy; and 
 32.3      (14) (13) dietetics and nutrition practice. 
 32.4      The executive directors or executive secretaries serving 
 32.5   the boards are hired by those boards and are in the unclassified 
 32.6   civil service, except for part-time executive directors or 
 32.7   executive secretaries, who are not required to be in the 
 32.8   unclassified service.  Boards not requiring full-time executive 
 32.9   directors or executive secretaries may employ them on a 
 32.10  part-time basis.  To the extent practicable, the sharing of 
 32.11  part-time executive directors or executive secretaries by boards 
 32.12  being serviced by the same department is encouraged.  Persons 
 32.13  providing services to those boards not listed in this 
 32.14  subdivision, except executive directors or executive secretaries 
 32.15  of the boards and employees of the attorney general, are 
 32.16  classified civil service employees of the department servicing 
 32.17  the board.  To the extent practicable, the commissioner shall 
 32.18  ensure that staff services are shared by the boards being 
 32.19  serviced by the department.  If necessary, a board may hire 
 32.20  part-time, temporary employees to administer and grade 
 32.21  examinations. 
 32.22     Sec. 4.  [EFFECTIVE DATE.] 
 32.23     This article is effective July 1, 2000.