SF 4065

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/24/2022 03:23pm

A bill for an act
relating to cosmetology; modifying Board of Cosmetologist Examiners provisions;
requiring a report; appropriating money; amending Minnesota Statutes 2020,
sections 155A.20; 155A.23, subdivisions 8, 11, 18, by adding a subdivision;
155A.25, subdivision 1a; 155A.27, subdivisions 1, 5a, 6, 7, 10, by adding a
subdivision; 155A.271, subdivision 1; 155A.29, subdivisions 1, 4; 155A.30,
subdivisions 2, 3, 4, 6, 11.

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

Section 1.

Minnesota Statutes 2020, section 155A.20, is amended to read:

155A.20 BOARD OF COSMETOLOGIST EXAMINERS CREATED; TERMS.

(a) A Board of Cosmetologist Examiners is established to consist of deleted text begin seven deleted text end new text begin 11 new text end members,
appointed by the governor as follows:

(1) two cosmetologists, one of whom is recommended by a professional association of
cosmetologists, nail technicians, and estheticians;

(2) two school instructors, one of whom is teaching at a public cosmetology school in
the state and one of whom is teaching at a private cosmetology school in the state;

(3) one esthetician;

new text begin (4) one advanced practice esthetician;
new text end

deleted text begin (4) deleted text end new text begin (5) new text end one nail technician; deleted text begin and
deleted text end

new text begin (6) one hair technician; and
new text end

deleted text begin (5) one deleted text end new text begin (7) three new text end public deleted text begin member deleted text end new text begin members new text end , as defined in section 214.02.

(b) All cosmetologist, esthetician, new text begin advanced practice esthetician, hair technician, new text end and
nail technician members must be currently licensed in the field of cosmetology, new text begin advanced
practice esthiology, hair technology, new text end nail technology, or deleted text begin esthetology, deleted text end new text begin esthiology new text end in Minnesota,
have practiced in the licensed occupation for at least five years immediately prior to their
appointment, deleted text begin be graduates from grade 12 of high school or have equivalent education, deleted text end and
have knowledge of sections 155A.21 to 155A.36 and Minnesota Rules, chapters 2105 and
2110.

(c) Membership terms, compensation of members, removal of members, the filling of
membership vacancies, and fiscal year and reporting requirements shall be as provided in
sections 214.07 to 214.09. The provision of staff, administrative services, and office space;
the review and processing of complaints; the setting of board fees; and other provisions
relating to board operations shall be as provided in chapter 214.

(d) Members appointed to fill vacancies caused by death, resignation, or removal shall
serve during the unexpired term of their predecessors.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 2.

Minnesota Statutes 2020, 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. 3.

Minnesota Statutes 2020, 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, 2024.
new text end

Sec. 4.

Minnesota Statutes 2020, 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. 5.

Minnesota Statutes 2020, 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. 6.

Minnesota Statutes 2020, 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.
new text end

Sec. 7.

Minnesota Statutes 2020, 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. 8.

Minnesota Statutes 2020, 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 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 This section is effective January 1, 2024.
new text end

Sec. 9.

Minnesota Statutes 2020, 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, 2024.
new text end

Sec. 10.

Minnesota Statutes 2020, 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, 2024.
new text end

Sec. 11.

Minnesota Statutes 2020, section 155A.27, subdivision 10, is amended to read:

Subd. 10.

Nonresident licenses.

(a) A nonresident cosmetologist, new text begin hair technician, new text end nail
technician, deleted text begin or deleted text end esthetician new text begin , or eyelash technician new text end 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, new text begin hair technician, new text end nail technician, deleted text begin or deleted text end esthetician new text begin , or
eyelash technician new text end . 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 deleted text begin three deleted text end new text begin four new text end years
and have passed a board-approved theory and practice-based examination, and the
Minnesota-specific written operator examination for cosmetologist, new text begin hair technician, new text end nail
technician, deleted text begin or deleted text end esthetician new text begin , or eyelash technician new text end . 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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

Minnesota Statutes 2020, 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. 13.

Minnesota Statutes 2020, 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 This section is effective January 1, 2024.
new text end

Sec. 14.

Minnesota Statutes 2020, 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

Sec. 15.

Minnesota Statutes 2020, 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, 2024.
new text end

Sec. 16.

Minnesota Statutes 2020, 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, new text begin hair technician, new text end 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, 2024.
new text end

Sec. 17.

Minnesota Statutes 2020, section 155A.30, subdivision 3, is amended to read:

Subd. 3.

Applications.

Application for a license shall be prepared on forms furnished
by the board and shall contain the following and such other information as may be required:

(1) the name of the school, together with ownership and controlling officers, members,
and managing employees;

(2) the specific fields of instruction which will be offered and reconciliation of the course
content and length to meet the minimum standards, as prescribed in subdivision 2;

(3) the place or places where instruction will be given;

(4) a listing of the equipment available for instruction in each course offered;

(5) the maximum enrollment to be accommodated;

(6) a listing of instructors, all of whom shall be licensed as provided in section 155A.27,
subdivision 2, except that any school may use occasional instructors or lecturers who would
add to the general or specialized knowledge of the students but who need not be licensed;

(7) a current balance sheet, income statement or documentation to show sufficient
financial worth and responsibility to properly conduct a school and to assure financial
resources ample to meet the school's financial obligations;

(8) other financial guarantees which would assure protection of the public as determined
by rule; and

(9) a copy of deleted text begin all written material which the school uses to solicit prospective students,
including but not limited to a tuition and fee schedule, and all catalogues, brochures and
other recruitment advertisements. Each school shall annually, on a date determined by the
board, file with the board any new or amended materials which it has distributed during the
past year. deleted text end new text begin written materials that the school will use for prospective student enrollment,
including the enrollment contract, student handbook, and tuition and fee information.
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. 18.

Minnesota Statutes 2020, section 155A.30, subdivision 4, is amended to read:

Subd. 4.

Verification of application.

Each application shall be signed and certified to
under oath by deleted text begin the proprietor if the applicant is a proprietorship, by the managing partner if
the applicant is a partnership, or by the authorized officers of the applicant if the applicant
is a corporation, association, company, firm, society or trust. deleted text end new text begin the school administrator. For
purposes of this section, "school administrator" means the proprietor, if the applicant is a
proprietorship; the managing partner, if the applicant is a partnership; the authorized officers,
if the applicant is a corporation, association, company, firm, society, or trust; or the dean,
principal, or other authorized signatory, if the applicant is a school in the Minnesota State
Colleges and Universities system or a secondary school.
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. 19.

Minnesota Statutes 2020, section 155A.30, subdivision 6, is amended to read:

Subd. 6.

Fees; renewals.

(a) Applications for initial license under sections 155A.21 to
155A.36 shall be accompanied by a nonrefundable application fee set forth in section
155A.25.

(b) License duration shall be deleted text begin three deleted text end new text begin four new text end years. Each renewal application shall be
accompanied by a nonrefundable renewal fee set forth in section 155A.25.

(c) Application for renewal of license shall be made as provided in rules adopted by the
board and on forms supplied by the board.

new text begin EFFECTIVE DATE. new text end

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

Sec. 20.

Minnesota Statutes 2020, section 155A.30, subdivision 11, is amended to read:

Subd. 11.

Instruction requirements.

(a) Instruction may be offered for no more than
ten hours per day per student.

(b) Instruction must be given within a licensed school building new text begin except as provided for
in paragraph (c) new text end . deleted text begin Online instruction is permitted for board-approved theory-based classes. deleted text end new text begin
Instruction may be given online for theory-based portions of a board-approved curriculum. new text end
Practice-based deleted text begin classes deleted text end new text begin portions of a board-approved curriculum new text end must not be given online.

new text begin (c) Schools may offer field trips outside of a licensed school building if the field trips
are related to the course curriculum for industry educational purposes.
new text end

Sec. 21. new text begin BOARD OF COSMETOLOGIST EXAMINERS LICENSING WORKING
GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin The board of cosmetologist examiners licensing working
group consists of the following eleven members:
new text end

new text begin (1) the executive director of the Minnesota Board of Barber Examiners;
new text end

new text begin (2) one licensed salon owner, appointed by the executive director of the board of
cosmetologist examiners;
new text end

new text begin (3) one representative of a cosmetology school, appointed by the executive director of
the board of cosmetologist examiners;
new text end

new text begin (4) a representative of a trade association in the cosmetology industry that operates in
the state, appointed by the executive director of the board of cosmetologist examiners;
new text end

new text begin (5) one state employee from another state agency that works with health and safety
issues, appointed by the governor;
new text end

new text begin (6) two members of the public who use cosmetology services, appointed by the governor;
new text end

new text begin (7) two senators, one appointed by the majority leader and one appointed by the minority
leader; and
new text end

new text begin (8) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader.
new text end

new text begin (b) The executive director or a designee shall serve as an ex officio.
new text end

new text begin Subd. 2. new text end

new text begin Duties; report. new text end

new text begin (a) The working group must submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over state
government finance and policy by February 15, 2023. The report must:
new text end

new text begin (1) evaluate the recommendations in the 2021 Office of the Legislative Auditor program
evaluation titled Board of Cosmetology Licensing and recommend whether and how to
adopt the recommendations;
new text end

new text begin (2) evaluate the salon manager license and school manager license;
new text end

new text begin (3) evaluate the scope and requirements for special event services and homebound
services permits and considering merging both permits; and
new text end

new text begin (4) evaluate an endorsement-based licensing structure.
new text end

new text begin (b) The report must include draft legislation to implement the recommendations of the
working group.
new text end

new text begin Subd. 3. new text end

new text begin Meetings; chair. new text end

new text begin (a) The executive director of the Board of Cosmetologist
Examiners must convene the first meeting of the working group by September 15, 2022.
At the first meeting, the members must elect a chair. Subsequent meetings of the working
group must be convened by the chair or the chair's designee.
new text end

new text begin (b) The working group may conduct meetings remotely.
new text end

new text begin (c) The chair shall be responsible for document management of materials for the working
group.
new text end

new text begin Subd. 4. new text end

new text begin Compensation; reimbursement. new text end

new text begin Members appointed under subdivision 1,
clauses (2) through (6), may be compensated and reimbursed for expenses as provided in
Minnesota Statutes, section 15.0575, subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Administrative support. new text end

new text begin The Board of Cosmetologist Examiners must provide
administrative support and meeting space to the working group.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin The working group expires February 16, 2023, or the day after
submitting the report required in subdivision 2, whichever occurs earlier.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 22. new text begin TRANSITION.
new text end

new text begin For a license issued before January 1, 2024, sections 6, 8 to 11, 13, 15, and 19 apply
only when the license is renewed.
new text end

Sec. 23. new text begin APPROPRIATION; BOARD OF COSMETOLOGIST EXAMINERS.
new text end

new text begin $20,000 in fiscal year 2023 is appropriated from the general fund to the Board of
Cosmetologist Examiners for the purposes of licensing and regulating hair technicians.
new text end

Sec. 24. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must change "Board of Cosmetologist Examiners" to "Board of
Cosmetology" wherever it appears in Minnesota Statutes.
new text end