Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 2898

as introduced - 91st Legislature (2019 - 2020) Posted on 05/17/2019 09:03am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15
1.16 1.17 1.18 1.19
1.20 1.21 1.22 2.1 2.2
2.3 2.4 2.5
2.6 2.7 2.8 2.9 2.10 2.11 2.12
2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20
2.21 2.22 2.23 2.24
2.25 2.26 2.27 2.28 2.29 3.1 3.2
3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32
4.1 4.2 4.3 4.4 4.5 4.6
4.7 4.8 4.9 4.10

A bill for an act
relating to state government; exempting hairstyling and makeup application from
licensing; amending Minnesota Statutes 2018, sections 155A.23, subdivisions 3,
5, 8, 18, by adding subdivisions; 155A.27, subdivisions 1, 9; 155A.271, subdivision
1; 155A.29, subdivisions 1, 6.

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

Section 1.

Minnesota Statutes 2018, section 155A.23, subdivision 3, is amended to read:


Subd. 3.

Cosmetology.

"Cosmetology" is the practice of personal services, for
compensation, for the cosmetic care of the hair, nails, and skin. These services include
cleaning, conditioning, shaping, reinforcing, coloring and enhancing the body surface in
the areas of the head, scalp, face, arms, hands, legs, feet, and trunk of the body, except where
these services are performed by a barber under sections 154.001, 154.002, 154.003, 154.01
to 154.161, 154.19 to 154.21, and 154.24 to 154.26.new text begin Cosmetology does not include hairstyling
as defined in subdivision 19, makeup services as defined in subdivision 20, or the application
of eyelash extensions.
new text end

Sec. 2.

Minnesota Statutes 2018, section 155A.23, subdivision 5, is amended to read:


Subd. 5.

Esthetician.

An "esthetician" is any person who, for compensation, performs
personal services for the cosmetic care of the skin onlynew text begin, but does not include makeup services
as defined in subdivision 20
new text end.

Sec. 3.

Minnesota Statutes 2018, 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 beginor new text endnail technician practitioner, deleted text beginor eyelash technician
practitioner,
deleted text end and who has a manager license and provides any services under that license,
as defined in subdivision 3.

Sec. 4.

Minnesota Statutes 2018, section 155A.23, subdivision 18, is amended to read:


Subd. 18.

Practitioner.

A "practitioner" is any person licensed in the practice of
cosmetology, esthiology, new text beginor new text endnail technology servicesdeleted text begin, or eyelash technology servicesdeleted text end.

Sec. 5.

Minnesota Statutes 2018, section 155A.23, is amended by adding a subdivision to
read:


new text begin Subd. 19. new text end

new text begin Hairstyling. new text end

new text begin "Hairstyling" is the practice of cleaning, drying, arranging, or
styling hair. It includes the use of hair sprays and topical agents, such as shampoos and
conditioners. It also includes the use and styling of hair extensions and wigs. It does not
include cutting or the application of dyes, bleach, reactive chemicals, keratin, or other
preparations to color or alter the structure of hair.
new text end

Sec. 6.

Minnesota Statutes 2018, section 155A.23, is amended by adding a subdivision to
read:


new text begin Subd. 20. new text end

new text begin Makeup services. new text end

new text begin "Makeup services" is the application of a cosmetic to
enhance the face or skin, including powder, foundation, rouge, eyeshadow, eyeliner, mascara,
and lipstick. Makeup services includes the application of makeup applied using an airbrush.
Makeup services does not include the application of permanent makeup, tattooing, or facial
services. A person who, for compensation, performs only makeup services is not an
esthetician.
new text end

Sec. 7.

Minnesota Statutes 2018, 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, deleted text begineyelash technician,deleted text end advanced practice
esthetician, manager, or instructor.

Sec. 8.

Minnesota Statutes 2018, section 155A.27, subdivision 9, is amended to read:


Subd. 9.

Exemptions.

(a) Persons licensed to provide cosmetology services in other
states visiting this state for cosmetology demonstrations shall be exempted from the licensing
provisions of sections 155A.21 to 155A.36 if services to consumers are in the physical
presence of a licensed cosmetologist.

(b) A person who performs new text begineyelash extensions, hairstyling, makeup services, or new text endthreading
shall be exempt from the licensing provisions of sections 155A.21 to 155A.36new text begin and 155A.275new text end.

Sec. 9.

Minnesota Statutes 2018, 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, nail technician, esthetician, advanced
practice esthetician, deleted text begineyelash technician,deleted text end or salon manager, the applicant must complete four
hours of continuing education credits from a board-approved continuing education provider
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 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 three years and must be completed with a board-approved provider of
continuing education during 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.

Sec. 10.

Minnesota Statutes 2018, 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, new text beginor new text endadvanced practice esthetician salondeleted text begin, or eyelash extension salondeleted text end. A salon may hold
more than one type of salon license.

Sec. 11.

Minnesota Statutes 2018, section 155A.29, subdivision 6, is amended to read:


Subd. 6.

Exemption.

The facility in which a person provides new text beginhairstyling, makeup services,
eyelash extensions, or
new text endthreading and no other services requiring licensure by this chapter
is exempt from the requirement for a salon license under this section.