SF 770

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/29/2013 10:07am

A bill for an act
relating to cosmetologists; establishing continuing education requirements;
establishing a good cause exemption to rulemaking; amending Minnesota
Statutes 2012, section 155A.27, subdivision 7; proposing coding for new law
in Minnesota Statutes, chapter 155A.

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

Section 1.

Minnesota Statutes 2012, section 155A.27, subdivision 7, is amended to read:

Subd. 7.

Renewals.

Renewal of license shall be for a period of three years
under conditions and process established by rule new text begin and subject to continuing education
requirements of section 155A.271 new text end .

Sec. 2.

new text begin [155A.271] CONTINUING EDUCATION REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Continuing education requirements. new text end

new text begin Effective August 1, 2014,
to qualify for license renewal under this chapter as an individual cosmetologist, nail
technician, esthetician, or salon manager, the applicant must attest to the completion of
four hours of continuing education credits from an accredited school or a professional
association of cosmetology during the three years prior to the applicant's renewal
date. One credit hour of the requirement must include instruction pertaining to state
laws and rules governing the practice of cosmetology. Three credit hours must include
instruction pertaining to health, safety, and sanitation matters consistent with the United
States Department of Labor's Occupational Safety and Health Administration standards
applicable to the practice of cosmetology, or other applicable federal health, sanitation,
and safety standards, and must be regularly updated so as to incorporate newly developed
standards and accepted professional best practices. Credit hours earned are valid for three
years and may be applied simultaneously to all individual licenses held by a licensee under
this chapter. This subdivision does not apply to instructors or inactive licenses.
new text end

new text begin Subd. 2. new text end

new text begin Schools and professional association. new text end

new text begin Only a board-licensed school of
cosmetology, a postsecondary institution as defined in section 136A.103, paragraph (a), or
a board-recognized professional association may offer continuing education curriculum
for credit under this section. The school or professional association may offer online
and independent study options to achieve maximum involvement of licensees and is
encouraged to offer classes available in foreign language formats.
new text end

new text begin Subd. 3. new text end

new text begin Proof of credits. new text end

new text begin The school or professional association shall provide
to licensees who attend a class a receipt to prove completion of the class. Licensees
shall retain proof of their continuing education credits for one year beyond the credit's
expiration. The school or professional association shall retain documentation of all
licensees successfully completing a class and the licensee's credit hours for five years.
new text end

new text begin Subd. 4. new text end

new text begin Audit. new text end

new text begin The board shall conduct random audits of active licensees
periodically to ensure compliance with continuing education requirements. To initiate
an audit, the board shall notify an active licensee of the audit and request proof of
credits earned during a specified period. The licensee must provide the requested proof
to the board within 30 days of an audit notice. The board may request that a school or
professional association verify a licensee's credits. The school or professional association
must furnish verification, or a written statement that the credits are not verified, within
15 days of the board's request for verification. If the board determines that a licensee has
failed to provide proof of necessary credits earned during the specified time, the board
may revoke the individual's license and may deem the individual a lapsed practitioner
subject to penalty under section 155A.25 or 155A.36.
new text end

Sec. 3. new text begin GOOD CAUSE EXEMPTION.
new text end

new text begin The Board of Cosmetology may amend Minnesota Rules so that they conform with
the amendments to Minnesota Statutes in this act. The Board of Cosmetology may use the
good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause
(3), in adopting the amendment, and Minnesota Statutes, section 14.386, does not apply,
except as it relates to Minnesota Statutes, section 14.388.
new text end

Sec. 4. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall replace the term "manicurist" with the term "nail
technician" wherever it appears in Minnesota Statutes and Minnesota Rules.
new text end