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SF 2802

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 05/21/2016 11:58am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to cosmetology; regulating eyelash extension services; amending
Minnesota Statutes 2014, section 155A.23, by adding subdivisions; Minnesota
Statutes 2015 Supplement, sections 155A.23, subdivisions 8, 18; 155A.27,
subdivision 1; 155A.271; 155A.29, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 155A.23, is amended by adding a
subdivision to read:


new text begin Subd. 4a. new text end

new text begin Eyelash extensions. new text end

new text begin "Eyelash extensions" means the application,
removal, and trimming of threadlike natural or synthetic fibers to an eyelash, and includes
the cleansing of the eye area and lashes. Eyelash extensions do not include color agents,
straightening agents, permanent wave solutions, bleaching agents, applications to the
eyebrow, or any other cosmetology service.
new text end

Sec. 2.

Minnesota Statutes 2014, section 155A.23, is amended by adding a subdivision
to read:


new text begin Subd. 4b. new text end

new text begin Eyelash technician. new text end

new text begin An "eyelash technician" is any person who is not
a cosmetologist, esthetician, or advanced practice esthetician who, for compensation,
performs the personal services limited to eyelash extensions as defined in subdivision 4a
only.
new text end

Sec. 3.

Minnesota Statutes 2015 Supplement, 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, deleted text beginordeleted text end nail techniciannew text begin practitioner, or eyelash technician
new text endpractitioner, and who has a manager license and provides any services under that license,
as defined in subdivision 3.

Sec. 4.

Minnesota Statutes 2015 Supplement, section 155A.23, subdivision 18, is
amended to read:


Subd. 18.

Practitioner.

A "practitioner" is any person licensed in the practice of
cosmetology, esthiology, deleted text beginordeleted text end nail technology servicesnew text begin, or eyelash technology servicesnew text end.

Sec. 5.

Minnesota Statutes 2015 Supplement, 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, nail technician, new text begineyelash technician, new text endadvanced
practice esthetician, manager, or instructor.

Sec. 6.

Minnesota Statutes 2015 Supplement, section 155A.271, is amended to read:


155A.271 CONTINUING EDUCATION REQUIREMENTS.

Subdivision 1.

Continuing education requirements.

(a) deleted text beginEffective August 1,
2014,
deleted text end To qualify for license renewal under this chapter as an individual cosmetologist,
nail technician, esthetician, advanced practice esthetician, new text begineyelash technician, new text endor salon
manager, the applicant must deleted text beginattest to the completion ofdeleted text endnew text begin completenew text end four hours of continuing
education credits from deleted text beginan accredited school or a professional association of cosmetologydeleted text endnew text begin
a board-approved continuing education provider
new text end 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 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 three years and may be applied simultaneously to all individual
licenses held by a licensee under this chapter.

(b) Effective August 1, 2017, 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, nail technician, esthetician, advanced practice esthetician, or
salon manager, the applicant must also deleted text beginattest to the completion of one four-hourdeleted text endnew text begin complete a
four credit hour
new text end continuing education course from a new text beginboard-approved new text endcontinuing education
provider based on any deleted text beginor alldeleted text end of the followingnew text begin within the licensee's scope of practicenew text end:

(1) product chemistry and deleted text beginchemistrydeleted text endnew text begin chemicalnew text end interaction;

(2) proper use new text beginand maintenance new text endof machines and instruments;

(3) business managementnew text begin, professional ethics,new text end and human relations; or

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

Credits new text beginare valid for three years and new text endmust be completed new text beginwith a board-approved provider of
continuing education
new text endduring the three 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.

Subd. 1a.

Product sales or marketing prohibited.

The marketing or sale of
any product is prohibited during a continuing education class receiving credit under
subdivision 1.

Subd. 2.

Continuing education providers.

(a) Only a board-licensed school of
cosmetology, a postsecondary institution as defined in section 136A.103, paragraph
(a), or a board-recognized professional association organized under chapter 317A may
new text beginbe approved by the board to new text endoffer continuing education deleted text begincurriculumdeleted text end for credit under
subdivision 1, paragraph (a). Continuing education deleted text begincurriculumdeleted text end under subdivision 1,
paragraph (b), may be offered by a:

(1) board-licensed school of cosmetology;

(2) board-recognized professional association organized under chapter 317A; or

(3) board-licensed salon.

deleted text begin Thedeleted text endnew text begin An approvednew text end school deleted text beginanddeleted text endnew text begin ornew text end professional association may offer deleted text beginonline and
independent study options
deleted text endnew text begin Web-based continuing education instructionnew text end to achieve
maximum involvement of licensees. Continuing education providers are encouraged to
offer classes available in foreign language formats.

(b) Board deleted text beginauthorizationdeleted text endnew text begin approvalnew text end of deleted text beginadeleted text endnew text begin anynew text end continuing education provider deleted text beginunder
paragraph (a)
deleted text end is valid for one calendar year and is contingent upon submission and
preapproval of the lesson plan or plans with learning objectives for the class to be offered
and the payment of the application fee in section 155A.25, subdivision 1a, paragraph (d),
clause (11). new text beginThe board shall maintain a list of approved providers and courses on the
board's Web site.
new text endThe board may revoke authorization of a continuing education provider
at any time for just cause and the board may demand return of documents required under
subdivision 3.

Subd. 3.

Proof of credits.

The continuing education provider shall provide to
licensees deleted text beginwho attend a class a receipt to provedeleted text endnew text begin documentation establishingnew text end completion
of the class. Licensees shall retain proof of their continuing education credits for one
year beyond the credit's expiration. The continuing education provider shall retain
documentation of all licensees deleted text beginsuccessfullydeleted text end completing a class and the licensee's credit
hours new text beginawarded by them new text endfor five years.

Subd. 4.

Audit.

The board shall conduct random audits of active licensees
deleted text beginperiodicallydeleted text endnew text begin and continuing education providersnew text end to ensure compliance with deleted text begincontinuing
education
deleted text endnew text begin thenew text end requirementsnew text begin of this sectionnew text end. 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 deleted text beginschool or professional associationdeleted text endnew text begin continuing
education provider
new text end verify a licensee's credits. The deleted text begincontinuing educationdeleted text end provider 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 an expired practitioner subject to
penalty under section 155A.25 or 155A.36.new text begin The board staff shall have unrestricted free
access to any provider's class offerings to verify adherence to the provider's approved
lesson plan and overall compliance with this chapter.
new text end

Sec. 7.

Minnesota Statutes 2015 Supplement, 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. Each salon must be licensed as a cosmetology salon, a
nail salon, esthetician salon, deleted text beginordeleted text end advanced practice esthetician salonnew text begin, or eyelash extension
salon
new text end. A salon may hold more than one type of salon license.

Sec. 8. new text beginEFFECTIVE DATE; APPLICATION.
new text end

new text begin Sections 1 to 7 are effective the day following final enactment. With respect to
eyelash technicians, the Board of Cosmetologist Examiners must not enforce sections 1 to
7 until July 1, 2017. Any educational or training requirements developed by the board
regarding eyelash technicians must be 14 hours.
new text end