SF 1259

as introduced - 93rd Legislature (2023 - 2024) Posted on 06/07/2023 11:17am

A bill for an act
relating to cosmetology; creating hair technician licenses; appropriating money;
amending Minnesota Statutes 2022, sections 155A.23, subdivisions 8, 11, 18, by
adding a subdivision; 155A.25, subdivision 1a; 155A.27, subdivisions 1, 5a, 6, 7,
10, by adding subdivisions; 155A.271, subdivision 1; 155A.29, subdivisions 1, 4;
155A.30, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 155A.

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

Sec. 26.

Minnesota Statutes 2022, section 155A.23, subdivision 8, is amended to read:

Subd. 8.

Manager.

A "manager" is any person who is a cosmetologist, esthetician,
advanced practice esthetician, new text begin hair technician, new text end nail technician deleted text begin practitioner deleted text end , or eyelash
technician deleted text begin practitioner deleted text end , and who has a manager license and provides any services under that
license, as defined in subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 27.

Minnesota Statutes 2022, section 155A.23, subdivision 11, is amended to read:

Subd. 11.

Instructor.

An "instructor" is any person employed by a school to prepare
and present the theoretical and practical education of cosmetology to persons who seek to
practice cosmetology. deleted text begin An instructor must maintain an active operator or manager's license
in the area in which the instructor holds an instructor's license. deleted text end new text begin While an instructor holds an
active instructor license, the instructor's license as an operator or a salon manager in the
same field is automatically renewed without fees with a term ending when the instructor
license expires.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 28.

Minnesota Statutes 2022, section 155A.23, subdivision 18, is amended to read:

Subd. 18.

Practitioner.

A "practitioner" is any person licensed new text begin as an operator or manager
new text end in the practice of cosmetology, esthiology, new text begin advanced practice esthiology, hair technology
services, new text end nail technology services, or eyelash technology services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 29.

Minnesota Statutes 2022, section 155A.23, is amended by adding a subdivision
to read:

new text begin Subd. 21. new text end

new text begin Hair technician. new text end

new text begin A "hair technician" is any person who, for compensation,
performs personal services for the cosmetic care of hair on the scalp. Hair technician services
include cutting hair and the application of dyes, bleach, reactive chemicals, keratin, or other
preparations to color or alter the structure of hair. A person who only performs hairstyling
as defined by subdivision 19 is not a hair technician.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 30.

Minnesota Statutes 2022, section 155A.25, subdivision 1a, is amended to read:

Subd. 1a.

Schedule.

(a) The schedule for fees and penalties is as provided in this
subdivision.

(b) deleted text begin Three-year deleted text end new text begin Four-year new text end license fees are as follows:

(1) $195 initial practitioner, manager, or instructor license, divided as follows:

(i) $155 for each initial license; and

(ii) $40 for each initial license application fee;

(2) $115 renewal of practitioner license, divided as follows:

(i) $100 for each renewal license; and

(ii) $15 for each renewal application fee;

(3) $145 renewal of manager or instructor license, divided as follows:

(i) $130 for each renewal license; and

(ii) $15 for each renewal application fee;

(4) $350 initial salon license, divided as follows:

(i) $250 for each initial license; and

(ii) $100 for each initial license application fee;

(5) $225 renewal of salon license, divided as follows:

(i) $175 for each renewal; and

(ii) $50 for each renewal application fee;

(6) $4,000 initial school license, divided as follows:

(i) $3,000 for each initial license; and

(ii) $1,000 for each initial license application fee; and

(7) $2,500 renewal of school license, divided as follows:

(i) $2,000 for each renewal; and

(ii) $500 for each renewal application fee.

(c) Penalties may be assessed in amounts up to the following:

(1) reinspection fee, $150;

(2) manager and owner with expired practitioner found on inspection, $150 each;

(3) expired practitioner or instructor found on inspection, $200;

(4) expired salon found on inspection, $500;

(5) expired school found on inspection, $1,000;

(6) failure to display current license, $100;

(7) failure to dispose of single-use equipment, implements, or materials as provided
under section 155A.355, subdivision 1, $500;

(8) use of prohibited razor-type callus shavers, rasps, or graters under section 155A.355,
subdivision 2, $500;

(9) performing nail or cosmetology services in esthetician salon, or performing esthetician
or cosmetology services in a nail salon, $500;

(10) owner and manager allowing an operator to work as an independent contractor,
$200;

(11) operator working as an independent contractor, $100;

(12) refusal or failure to cooperate with an inspection, $500;

(13) practitioner late renewal fee, $45; and

(14) salon or school late renewal fee, $50.

(d) Administrative fees are as follows:

(1) homebound service permit, $50 deleted text begin three-year deleted text end new text begin four-year new text end fee;

(2) name change, $20;

(3) certification of licensure, $30 each;

(4) duplicate license, $20;

(5) special event permit, $75 per year;

deleted text begin (6) $100 for each temporary military license for a cosmetologist, nail technician,
esthetician, or advanced practice esthetician one-year fee;
deleted text end

deleted text begin (7) deleted text end new text begin (6) new text end expedited initial individual license, $150;

deleted text begin (8) deleted text end new text begin (7) new text end expedited initial salon license, $300;

deleted text begin (9) deleted text end new text begin (8) new text end instructor continuing education provider approval, $150 each year; and

deleted text begin (10) deleted text end new text begin (9) new text end practitioner continuing education provider approval, $150 each year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, and applies to licenses
issued or renewed on or after that date.
new text end

Sec. 31.

Minnesota Statutes 2022, section 155A.27, subdivision 1, is amended to read:

Subdivision 1.

Licensing.

A person must hold an individual license to practice in the
state as a cosmetologist, esthetician, new text begin hair technician, new text end nail technician, eyelash technician,
advanced practice esthetician, manager, or instructor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 32.

Minnesota Statutes 2022, section 155A.27, subdivision 5a, is amended to read:

Subd. 5a.

Temporary military license.

The board shall establish temporary licenses
for a cosmetologist, new text begin hair technician, new text end nail technician, and esthetician in accordance with
section 197.4552. new text begin A temporary license is valid for a four-year license cycle. The board may
only issue one temporary license to an applicant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin The addition of "hair technician" to the list of temporary licenses
is effective January 1, 2024. The setting of the temporary license for a four-year license
cycle and the preclusion on issuing more than one temporary license to an applicant is
effective January 1, 2025.
new text end

Sec. 33.

Minnesota Statutes 2022, section 155A.27, subdivision 6, is amended to read:

Subd. 6.

Duration of license.

Licensing in each classification shall be for a period of
deleted text begin three deleted text end new text begin four new text end years. new text begin The board may extend a licensee's operator or salon manager license when
issuing a new instructor license to the licensee so that the operator or salon manager license
expires on the same date as the instructor license.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, and applies to licenses
issued or renewed on or after that date.
new text end

Sec. 34.

Minnesota Statutes 2022, section 155A.27, subdivision 7, is amended to read:

Subd. 7.

Renewals.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, and applies to licenses
issued or renewed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2022, section 155A.27, subdivision 10, is amended to read:

Subd. 10.

Nonresident licenses.

(a) A nonresident cosmetologist, nail technician, new text begin hair
technician, new text end or esthetician may be licensed in Minnesota if the individual has completed
cosmetology school in a state or country with the same or greater school hour requirements,
has an active license in that state or country, and has passed a board-approved theory and
practice-based examination, the Minnesota-specific written operator examination for
cosmetologist, nail technician, new text begin hair technician, new text end or esthetician. If a test is used to verify the
qualifications of trained cosmetologists, the test should be translated into the nonresident's
native language within the limits of available resources. Licenses shall not be issued under
this subdivision for managers or instructors.

(b) If an individual has less than the required number of school hours, the individual
must have had a current active license in another state or country for at least three years and
have passed a board-approved theory and practice-based examination, and the
Minnesota-specific written operator examination for cosmetologist, nail technician, new text begin hair
technician, new text end or esthetician. If a test is used to verify the qualifications of trained
cosmetologists, the test should be translated into the nonresident's native language within
the limits of available resources. Licenses must not be issued under this subdivision for
managers or instructors.

(c) Applicants claiming training and experience in a foreign country shall supply official
English-language translations of all required documents from a board-approved source.

Sec. 35.

Minnesota Statutes 2022, section 155A.27, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Reciprocity for barbers. new text end

new text begin A barber who has a currently active registration
under Minnesota Statutes, chapter 154, may be granted credit, as determined by rule, toward
the required hours of study required for licensure in cosmetology or hair technology.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 36.

Minnesota Statutes 2022, section 155A.27, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Licenses issued by other United States jurisdictions. new text end

new text begin The board shall issue
a practitioner license in cosmetology, hair technology, nail technology, or esthiology to a
person upon application if the applicant meets the following criteria:
new text end

new text begin (1) the applicant holds a current and valid occupational license in cosmetology, nail
technology, or esthiology issued by another state or territory of the United States;
new text end

new text begin (2) the applicant has held the occupational license for at least one year;
new text end

new text begin (3) the applicant affirms:
new text end

new text begin (i) the board in the other state or territory holds the applicant in good standing;
new text end

new text begin (ii) the applicant does not have a disqualifying criminal record under the laws of the
state of Minnesota;
new text end

new text begin (iii) the board in no other state or territory revoked the applicant's occupational license
because of negligence or intentional misconduct related to the applicant's work in the
occupation;
new text end

new text begin (iv) the applicant did not surrender an occupational license because of negligence or
intentional misconduct related to the applicant's work in the occupation in another state or
territory; and
new text end

new text begin (v) the applicant does not have a complaint, allegation, or investigation pending before
a regulatory board in another state or territory which relates to unprofessional conduct or
an alleged crime. If the applicant has a complaint, allegation, or investigation pending, the
board in Minnesota shall not issue or deny an occupational license to the applicant until the
complaint, allegation, or investigation is resolved or the applicant otherwise meets the
criteria for an occupational license in Minnesota to the satisfaction of the board in Minnesota;
and
new text end

new text begin (4) the applicant pays all applicable fees.
new text end

Sec. 37.

Minnesota Statutes 2022, section 155A.27, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Notice of decision on application. new text end

new text begin The board must provide an applicant with
a written decision on an application for a practitioner license within 30 days after receiving
a complete application.
new text end

Sec. 38.

Minnesota Statutes 2022, section 155A.27, is amended by adding a subdivision
to read:

new text begin Subd. 14. new text end

new text begin False statements. new text end

new text begin The board may reject an application for a practitioner license
or revoke a practitioner license for a false statement in an application.
new text end

Sec. 39.

Minnesota Statutes 2022, section 155A.27, is amended by adding a subdivision
to read:

new text begin Subd. 15. new text end

new text begin Other licenses allowed. new text end

new text begin Nothing in this section shall be construed to prohibit
an applicant from applying for an occupational license under another statute.
new text end

Sec. 40.

new text begin [155A.2705] HAIR TECHNICIAN REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin A complete application for a hair technician license must
include the following:
new text end

new text begin (1) a completed application form;
new text end

new text begin (2) payment of the fees required by section 155A.25;
new text end

new text begin (3) passing test results no more than one year before submission of the application of
the following board-approved tests for the license for a hair technician:
new text end

new text begin (i) general theory test;
new text end

new text begin (ii) written practical test; and
new text end

new text begin (iii) test on Minnesota Laws and Rules related to providing hair technician services; and
new text end

new text begin (4) proof of completion of training, as required under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Training. new text end

new text begin (a) Training required for a hair technician license must be completed
at a Minnesota-licensed cosmetology school including an original course completion
certificate with the notarized signatures of the school manager or owner documenting the
successful completion of the curriculum of 600 hours of training as a hair technician.
new text end

new text begin (b) As part of the 600 hours of training to be a hair technician in paragraph (a), training
in general theory must consist of 100 hours of preclinical instruction in the theory of sciences
of anatomy, trichology, and chemistry as related to services provided by hair technicians;
electricity and light; infection control; and safety procedures related to services provided
by hair technicians. Additional training may include clinical instruction and experience in
the applied sciences, as determined by each provider.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 41.

Minnesota Statutes 2022, section 155A.271, subdivision 1, is amended to read:

Subdivision 1.

Continuing education requirements.

(a) To qualify for license renewal
under this chapter as an individual cosmetologist, new text begin hair technician, new text end nail technician, esthetician,
advanced practice esthetician, eyelash technician, or salon manager, the applicant must
complete four hours of continuing education credits from a board-approved continuing
education provider during the deleted text begin three deleted text end new text begin four new text end 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 infection control 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, infection control, 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 deleted text begin three deleted text end new text begin four new text end years
and may be applied simultaneously to all individual licenses held by a licensee under this
chapter.

(b) deleted text begin Effective August 1, 2017, deleted text end In addition to the hours of continuing education credits
required under paragraph (a), to qualify for license renewal under this chapter as an individual
cosmetologist, new text begin hair technician, new text end nail technician, esthetician, advanced practice esthetician,
or salon manager, the applicant must also complete a four credit hour continuing education
course from a board-approved continuing education provider based on any of the following
within the licensee's scope of practice:

(1) product chemistry and chemical interaction;

(2) proper use and maintenance of machines and instruments;

(3) business management, professional ethics, and human relations; or

(4) techniques relevant to the type of license held.

Credits are valid for deleted text begin three deleted text end new text begin four new text end years and must be completed with a board-approved provider
of continuing education during the deleted text begin three deleted text end new text begin four new text end years prior to the applicant's renewal date and
may be applied simultaneously to other individual licenses held as applicable, except that
credits completed under this paragraph must not duplicate credits completed under paragraph
(a).

(c) Paragraphs (a) and (b) do not apply to an instructor license, a school manager license,
or an inactive license.

new text begin EFFECTIVE DATE. new text end

new text begin The addition of "hair technician" to the list of practitioners
requiring continuing education credits is effective January 1, 2024. The change to the period
of validity for credit hours earned and the period in which the credits must have been earned
from three to four years is effective January 1, 2025.
new text end

Sec. 42.

Minnesota Statutes 2022, section 155A.29, subdivision 1, is amended to read:

Subdivision 1.

Licensing.

A person must not offer cosmetology services for compensation
unless the services are provided by a licensee in a licensed salon or as otherwise provided
in this section. deleted text begin Each salon must be licensed as a cosmetology salon, a nail salon, esthetician
salon, advanced practice esthetician salon, or eyelash extension salon. A salon may hold
more than one type of salon license.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 43.

Minnesota Statutes 2022, section 155A.29, subdivision 4, is amended to read:

Subd. 4.

Renewal.

Licenses shall be renewed every deleted text begin three deleted text end new text begin four new text end years by a process
established by rule.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, and applies to licenses
issued or renewed on or after that date.
new text end

Sec. 44.

Minnesota Statutes 2022, section 155A.30, subdivision 2, is amended to read:

Subd. 2.

Standards.

The board shall by rule establish minimum standards of course
content and length specific to the educational preparation prerequisite to testing and licensing
as cosmetologist, esthetician, deleted text begin and deleted text end new text begin advanced practice esthetician, new text end nail technician new text begin , and eyelash
technician new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 11. new text begin APPROPRIATION; BOARD OF COSMETOLOGY.
new text end

new text begin $....... in fiscal year 2024 is appropriated from the general fund to the Board of
Cosmetology for implementing a system of licensing for hair technicians.
new text end