HF 5289

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 02:51pm

A bill for an act
relating to barbering; permitting registration as an apprentice barber; amending
Minnesota Statutes 2022, sections 154.003; 154.01; 154.05; 154.09; 154.10,
subdivision 2; 154.11, subdivision 3, by adding a subdivision; 154.14; 154.15;
154.161, subdivision 4; 154.162; 154.19; 154.24; proposing coding for new law
in Minnesota Statutes, chapter 154.

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

Section 1.

Minnesota Statutes 2022, 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 new text begin , registered barber or apprentice new text end , $10;

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

new text begin (4) new text end examination and certificate, instructor, $180;

deleted text begin (4) deleted text end new text begin (5) new text end certificate, instructor, $65;

deleted text begin (5) deleted text end new text begin (6) new text end temporary teacher new text begin or apprentice new text end permit, $80;

deleted text begin (6) deleted text end new text begin (7) new text end temporary registered barber, military, $85;

deleted text begin (7) deleted text end new text begin (8) new text end temporary barber instructor, military, $180;

new text begin (9) temporary apprentice barber, military, $80;
new text end

deleted text begin (8) deleted text end new text begin (10) new text end renewal of registration, registered barber, $80;

new text begin (11) renewal of registration, apprentice, $70;
new text end

deleted text begin (9) deleted text end new text begin (12) new text end renewal of registration, instructor, $80;

deleted text begin (10) deleted text end new text begin (13) new text end renewal of temporary teacher permit, $65;

deleted text begin (11) deleted text end new text begin (14) new text end student permit, $45;

deleted text begin (12) deleted text end new text begin (15) new text end renewal of student permit, $25;

deleted text begin (13) deleted text end new text begin (16) new text end initial shop registration, $85;

deleted text begin (14) deleted text end new text begin (17) new text end initial school registration, $1,030;

deleted text begin (15) deleted text end new text begin (18) new text end renewal shop registration, $85;

deleted text begin (16) deleted text end new text begin (19) new text end renewal school registration, $280;

deleted text begin (17) deleted text end new text begin (20) new text end restoration of registered barber registration, $95;

new text begin (21) restoration of apprentice registration, $90;
new text end

deleted text begin (18) deleted text end new text begin (22) new text end restoration of shop registration, $105;

deleted text begin (19) deleted text end new text begin (23) new text end change of ownership or location, $55;

deleted text begin (20) deleted text end new text begin (24) new text end duplicate registration, $40;

deleted text begin (21) deleted text end new text begin (25) new text end home study course, $75;

deleted text begin (22) deleted text end new text begin (26) new text end letter of registration verification, $25; and

deleted text begin (23) deleted text end new text begin (27) new text end reinspection, $100.

Sec. 2.

Minnesota Statutes 2022, section 154.01, is amended to read:

154.01 REGISTRATION MANDATORY.

(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.

(b) new text begin 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 this chapter by the Board of Barber
Examiners. Prior to or immediately upon the issuance of an apprentice's certificate of
registration and immediately after changing employment, a registered apprentice must
inform the board of the name, address, and certificate number of the registered barber under
whom the registered apprentice is working.
new text end

new text begin (c) 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 154.162, 154.19 to 154.21, and 154.24 to
154.28 by the Board of Barber Examiners.

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

deleted text begin (d) deleted text end new text begin (e) 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, issued to the barber shop establishment
address, under sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21,
and 154.24 to 154.28 by the Board of Barber Examiners.

deleted text begin (e) deleted text end new text begin (f) 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 154.162, 154.19 to 154.21, and 154.24
to 154.28 by the Board of Barber Examiners. Barber instruction must be provided in
registered barber schools only.

deleted text begin (f) deleted text end new text begin (g) 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 154.162, 154.19 to 154.21, and 154.24 to 154.28 by the Board of Barber
Examiners.

Sec. 3.

Minnesota Statutes 2022, section 154.05, is amended to read:

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

new text begin Subdivision 1. new text end

new text begin Registration based on hours of study. new text end

(a) A person is qualified to receive
a certificate of registration as a registered barber if the person:

(1) has successfully completed ten grades of education;

(2) has successfully completed 1,500 hours of study in a board-approved barber school;
and

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

(b) A first-time 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 complete an additional 500 hours
of barber education before being eligible to retake the comprehensive examination as many
times as necessary to pass.

new text begin Subd. 2. new text end

new text begin Registration based on apprenticeship. new text end

new text begin A person is qualified to receive a
certificate of registration as a registered barber if the person:
new text end

new text begin (1) is qualified under the provisions of section 154.061;
new text end

new text begin (2) has practiced as a registered apprentice for a period of 12 months under the immediate
personal supervision of a registered barber; and
new text end

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

new text begin An apprentice 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 must continue to practice as an apprentice
for an additional 300 hours before being eligible to retake the comprehensive examination
as many times as necessary to pass.
new text end

Sec. 4.

new text begin [154.061] WHO MAY RECEIVE CERTIFICATES OF REGISTRATION
AS A REGISTERED APPRENTICE.
new text end

new text begin (a) A person is qualified to receive a certificate of registration as a registered apprentice
as provided in section 154.05, subdivision 2, or if the person:
new text end

new text begin (1) has completed at least ten grades of an approved school;
new text end

new text begin (2) has graduated from a barber school approved by a barber board within the previous
four years; and
new text end

new text begin (3) has passed an examination conducted by the board to determine the person's fitness
to practice as a registered apprentice. An applicant who graduated from a barber school
approved by a barber board more than four years prior to application is required to complete
a further course of study of at least 500 hours.
new text end

new text begin (b) An applicant for an initial certificate of registration to practice as an apprentice who
fails to pass the comprehensive examination conducted by the board and who fails to pass
a onetime retake of the written examination is required to complete a further course of study
of at least 500 hours of not more than eight hours in any one working day in a barber school
approved by the board before being eligible to retake the comprehensive examination as
many times as necessary to pass.
new text end

new text begin (c) A certificate of registration of an apprentice is valid for four years and must not be
renewed for a fifth year. During the four-year period, the certificate of registration must
remain in full force and effect only if the apprentice complies with all applicable provisions
of this chapter, including the payment of an annual fee and the rules of the board.
new text end

new text begin (d) During the term in which the certificate of registration is in effect, if a registered
apprentice enters full-time active duty in the armed forces of the United States of America,
the expiration date of the certificate of registration must be extended by a period of time
equal to the period or periods of active duty.
new text end

new text begin (e) If a registered apprentice graduates from a barber school approved by the board and
is issued a certificate of registration while incarcerated by the Department of Corrections
of the Federal Bureau of Prisons, the expiration date of the certificate of registration must
be extended one time so that the certificate expires four years from the date of first release
from a correctional facility.
new text end

Sec. 5.

Minnesota Statutes 2022, 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 registered barbers new text begin and apprentices new 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 new text begin apprentice or new text end registered barber examination. Students must
complete the full 1,500-hour curriculum in a barber school approved by the board within
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.

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

Sec. 6.

Minnesota Statutes 2022, 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,
new text begin as a registered apprentice, new text end as a registered instructor of barbering, or as a registered barber
school, new text begin or a temporary apprentice permit, new text end a temporary permit as an instructor of barbering,
or a barber shop registration card upon payment of the required fee. Certificates of
registration, temporary permits, and shop registration cards are not transferable.

Sec. 7.

Minnesota Statutes 2022, section 154.11, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Temporary apprentice permits for nonresidents. new text end

new text begin Any person who qualifies
for examination as a registered barber under this section may apply for a temporary apprentice
permit that is effective no longer than six months. All persons holding a temporary apprentice
permit are subject to all applicable provisions of this chapter and the rules adopted by the
board under those sections regarding the conduct and obligations of registered apprentices.
new text end

Sec. 8.

Minnesota Statutes 2022, 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:

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

(2) certificate for registered barber instructors new text begin ; and
new text end

new text begin (3) permit for apprentice barbers new text end .

(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. 9.

new text begin [154.121] EXAMINATION OF NONRESIDENT APPRENTICES.
new text end

new text begin A person who meets all of the requirements for registration as a barber under this chapter
and who has a license, a certificate of registration, or its equivalent as an apprentice in a
state or country that, in the discretion of the board, has substantially the same requirements
for registration as an apprentice under this chapter, must, upon payment of the required fee,
be issued a certificate of registration without an examination.
new text end

Sec. 10.

Minnesota Statutes 2022, 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 new text begin or registered apprentice
or every holder of a temporary apprentice permit new 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 within the barber school that is accessible
to the public. Every holder of a certificate of registration as a barber school and of a barber
shop registration card shall display it in a conspicuous place within the establishment that
is accessible to the public.

Sec. 11.

Minnesota Statutes 2022, section 154.15, is amended to read:

154.15 CERTIFICATES OF REGISTRATION MUST BE RENEWED
ANNUALLY.

Subdivision 1.

Annual renewal required.

All registered barbers new text begin , registered apprentices, new 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 new text begin or registered apprentice new text end who
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 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. 12.

Minnesota Statutes 2022, 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 154.162, 154.19 to 154.21, and 154.24 to 154.28, 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 new text begin , registered apprentice, new text end or registered instructor of barbering
unless that person has (i) a current certificate of registration as a registered barber new text begin , registered
apprentice, new 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 barber new text begin , apprentice, new 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 154.162, 154.19 to 154.21, and 154.24 to 154.28, 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) new text begin failed to supervise a registered apprentice or temporary apprentice or new 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. 13.

Minnesota Statutes 2022, 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: up to $500;

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

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

Sec. 14.

Minnesota Statutes 2022, 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 new text begin or registered apprentice new text end unless that person has a certificate of registration
as a registered barber new text begin or registered apprentice new 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 cosmetology salon 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, new text begin apprentices, new 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 sanitation and disinfection provisions of this section. If any barber
workstation in any barber 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. 15.

Minnesota Statutes 2022, 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 154.162,
154.19 to 154.21, and 154.24 to 154.28 and prescribe sanitation and disinfection 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 business, and residence of each registered barber new text begin and registered apprentice new text end , and
the date and number of the certificate of registration. This record shall be open to public
inspection at all reasonable times.