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SF 1106

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/29/2013 10:06am

KEY: stricken = removed, old language. underscored = added, new language.


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Current Version - 1st Engrossment

1.1A bill for an act
1.2relating to occupations and professions; changing licensing requirements for
1.3the Board of Cosmetology; imposing civil penalties and fees; appropriating
1.4money;amending Minnesota Statutes 2012, sections 155A.23, subdivision 3;
1.5155A.25, subdivisions 1a, 4; 155A.27, subdivisions 4, 10; 155A.29, subdivision
1.62; 155A.30, subdivision 1, by adding subdivisions; proposing coding for new
1.7law in Minnesota Statutes, chapter 155A; repealing Minnesota Statutes 2012,
1.8section 155A.25, subdivision 1.

1.10    Section 1. Minnesota Statutes 2012, section 155A.23, subdivision 3, is amended to read:
1.11    Subd. 3. Cosmetology. "Cosmetology" is the practice of personal services, for
1.12compensation, for the cosmetic care of the hair, nails, and skin. These services include
1.13cleaning, conditioning, shaping, reinforcing, coloring and enhancing the body surface in
1.14the areas of the head, scalp, face, arms, hands, legs, and feet, and trunk of the body, except
1.15where these services are performed by a barber under sections 154.001, 154.002, 154.003,
1.16154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26.

1.17    Sec. 2. Minnesota Statutes 2012, section 155A.25, subdivision 1a, is amended to read:
1.18    Subd. 1a. Schedule. The fee schedule for licensees is as follows for licenses issued
1.19after June 30, 2010, and prior to July 1, 2013:
1.20(a) Three-year license fees:
1.21(1) cosmetologist, manicurist nail technician, or esthetician:
1.22(i) $90 for each initial license and a $40 nonrefundable initial license application fee,
1.23for a total of $130; and
1.24(ii) $60 for each renewal and a $15 nonrefundable renewal application fee, for
1.25a total of $75;
2.1(2) instructor or manager:
2.2(i) $120 for each initial license and a $40 nonrefundable initial license application
2.3fee, for a total of $160; and
2.4(ii) $90 for each renewal and a $15 nonrefundable renewal application fee, for a
2.5total of $105;
2.6(3) salon:
2.7(i) $130 for each initial license and a $100 nonrefundable initial license application
2.8fee, for a total of $230; and
2.9(ii) $100 for each renewal and a $50 nonrefundable renewal application fee, for a
2.10total of $150; and
2.11(4) school:
2.12(i) $1,500 for each initial license and a $1,000 nonrefundable initial license
2.13application fee, for a total of $2,500; and
2.14(ii) $1,500 for each renewal and a $500 nonrefundable renewal application fee,
2.15for a total of $2,000.
2.16(b) Penalties:
2.17(1) reinspection fee, variable;
2.18(2) manager and owner with lapsed practitioner found on inspection, $150 each;
2.19(3) lapsed practitioner or instructor found on inspection, $200;
2.20(4) lapsed salon found on inspection, $500;
2.21(5) lapsed school found on inspection, $1,000;
2.22(6) failure to display current license, $100;
2.23(7) failure to dispose of single-use equipment, implements, or materials as provided
2.24under section 155A.355, subdivision 1, $500;
2.25(8) use of prohibited razor-type callus shavers, rasps, or graters under section
2.26155A.355, subdivision 2, $500;
2.27(9) performing manicuring or cosmetology services in esthetician salon, or
2.28performing esthetician or cosmetology services in manicure salon, $500;
2.29(10) owner and manager allowing an operator to work as an independent contractor,
2.31(11) operator working as an independent contractor, $100;
2.32(12) refusal or failure to cooperate with an inspection, $500;
2.33(3) (13) expired cosmetologist, manicurist, esthetician, manager, school manager,
2.34and instructor license, $45; and
2.35(4) (14) expired salon or school license, $50.
2.36(c) Administrative fees:
3.1(1) certificate of identification, $20;
3.2(2) name change, $20;
3.3(3) letter of license verification, $30;
3.4(4) duplicate license, $20;
3.5(5) processing fee, $10;
3.6(6) special event permit, $75 per year; and
3.7(7) registration of hair braiders, $20 per year.

3.8    Sec. 3. Minnesota Statutes 2012, section 155A.25, subdivision 4, is amended to read:
3.9    Subd. 4. License expiration date. The board shall, in a manner determined by the
3.10board and without the need for rulemaking under chapter 14, phase in changes to initial
3.11and renewal license expiration dates so that by January 1, 2014:
3.12(1) individual licenses expire on the last day of the licensee's birth month of the
3.13year due; and
3.14(2) salon and school licenses expire on the last day of the month of initial licensure
3.15of the year due.

3.16    Sec. 4. Minnesota Statutes 2012, section 155A.27, subdivision 4, is amended to read:
3.17    Subd. 4. Testing. All theory, practical, and Minnesota law and rule testing must
3.18be done by a board-approved provider. Appropriate standardized tests shall be used and
3.19shall include subject matter relative to the application of Minnesota law. In every case,
3.20the primary consideration shall be to safeguard the health and safety of consumers by
3.21determining the competency of the applicants to provide the services indicated.

3.22    Sec. 5. Minnesota Statutes 2012, section 155A.27, subdivision 10, is amended to read:
3.23    Subd. 10. Nonresident licenses. (a) A nonresident cosmetologist, manicurist, or
3.24esthetician may be licensed in Minnesota if the individual has completed cosmetology
3.25school in a state or country with the same or greater school hour requirements, has an
3.26active license in that state or country, and has passed a board-approved theory and
3.27practice-based examination, the Minnesota-specific written operator examination for
3.28cosmetologist, manicurist, or esthetician.
3.29(b) If an individual has less than the required number of school hours, the individual
3.30may be licensed in Minnesota if the individual has a current active license in another
3.31state or country for at least three years, and has passed a board-approved theory and
3.32practice-based examination, the Minnesota-specific written operator examination for
3.33cosmetologist, manicurist, or esthetician.
4.1(c) If a test is used to verify the qualifications of trained cosmetologists, the test should
4.2be translated into the nonresident's native language within the limits of available resources.
4.3(d) Applicants claiming training and experience in a foreign country shall supply
4.4official English-language translations of all required documents from a board-approved
4.6(e) Licenses shall not be issued under this subdivision for managers or instructors.

4.7    Sec. 6. Minnesota Statutes 2012, section 155A.29, subdivision 2, is amended to read:
4.8    Subd. 2. Requirements. (a) The conditions and process by which a salon is licensed
4.9shall be established by the board by rule. In addition to those requirements, no license
4.10shall be issued unless the board first determines that the conditions in clauses (1) to (5)
4.11have been satisfied:
4.12(1) compliance with all local and state laws, particularly relating to matters of
4.13sanitation, health, and safety;
4.14(2) the employment of a manager, as defined in section 155A.23, subdivision 8;
4.15(3) inspection and licensing prior to the commencing of business;
4.16(4) (3) if applicable, evidence of compliance with section 176.182; and
4.17(5) (4) evidence of continued professional liability insurance coverage of at least
4.18$25,000 for each claim and $50,000 total coverage for each policy year for each operator.
4.19(b) A licensed esthetician or manicurist who complies with the health, safety,
4.20sanitation, inspection, and insurance rules promulgated by the board to operate a salon
4.21solely for the performance of those personal services defined in section 155A.23,
4.22subdivision 5
, in the case of an esthetician, or subdivision 7, in the case of a manicurist.

4.23    Sec. 7. Minnesota Statutes 2012, section 155A.30, subdivision 1, is amended to read:
4.24    Subdivision 1. Licensing. Any person who establishes or conducts a school in this
4.25state shall be licensed. A school manager must maintain an active salon manager's license.
4.26An instructor must maintain an active operator or manager's license in the area in which
4.27the instructor holds an instructor's license.

4.28    Sec. 8. Minnesota Statutes 2012, section 155A.30, is amended by adding a subdivision
4.29to read:
4.30    Subd. 11. Limit on hours of instruction. Instruction shall not exceed ten hours
4.31per day per student.

5.1    Sec. 9. Minnesota Statutes 2012, section 155A.30, is amended by adding a subdivision
5.2to read:
5.3    Subd. 12. Instruction location. Instruction must be given within a licensed school
5.4building. Online instruction is permitted for board-approved theory-based classes.
5.5Practice-based classes must not be given online.

5.6    Sec. 10. [155A.355] PROHIBITED USES.
5.7    Subdivision 1. Single-use equipment and materials. Single-use equipment,
5.8implements, or materials that are made or constructed of paper, wood, or other porous
5.9materials must only be used for one application or client service. Presence of used articles
5.10in the work area is prima facie evidence of reuse. Failure to dispose of the materials in this
5.11subdivision is punishable by penalty under section 155A.25, subdivision 1a, paragraph
5.12(b), clause (7).
5.13    Subd. 2. Skin-cutting equipment. Razor-type callus shavers, rasps, or graters
5.14designed and intended to cut growths of skin such as corns and calluses, including but not
5.15limited to credo blades, are prohibited. Presence of these articles in the work area is prima
5.16facie evidence of use and is punishable by penalty in section 155A.25, subdivision 1a,
5.17paragraph (b), clause (8).
5.18    Subd. 3. Substances. Licensees must not use any of the following substances or
5.19products in performing cosmetology services:
5.20(1) methyl methacrylate liquid monomers, also known as MMA; and
5.21(2) fumigants, including but not limited to formalin tablets or formalin liquids.

5.22    Sec. 11. GOOD CAUSE EXEMPTION.
5.23The Board of Cosmetology may amend Minnesota Rules so that they conform with
5.24this act. The Board of Cosmetology may use the good cause exemption under Minnesota
5.25Statutes, section 14.388, subdivision 1, clause (3), in adopting the amendment, and
5.26Minnesota Statutes, section 14.386, does not apply, except as it relates to Minnesota
5.27Statutes, section 14.388.

5.28    Sec. 12. APPROPRIATION.
5.29$300,000 in fiscal year 2014 and $300,000 in fiscal year 2015 are appropriated from
5.30the general fund to the Board of Cosmetology.

6.1The revisor of statutes shall change the term "manicurist" to "nail technician"
6.2wherever it appears in Minnesota Rules and Statutes.

6.3    Sec. 14. REPEALER.
6.4Minnesota Statutes 2012, section 155A.25, subdivision 1, is repealed.

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