SF 1106

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

A bill for an act
relating to occupations and professions; changing licensing requirements for
the Board of Cosmetology; imposing civil penalties and fees; appropriating
money; amending Minnesota Statutes 2012, sections 155A.23, subdivision 3;
155A.25, subdivisions 1a, 4; 155A.27, subdivisions 4, 10; 155A.29, subdivision
2; 155A.30, subdivision 1, by adding subdivisions; proposing coding for new
law in Minnesota Statutes, chapter 155A; repealing Minnesota Statutes 2012,
section 155A.25, subdivision 1.

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

Section 1.

Minnesota Statutes 2012, 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, deleted text begin and deleted text end feet, new text begin and trunk of the body, new text end 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.

Sec. 2.

Minnesota Statutes 2012, section 155A.25, subdivision 1a, is amended to read:

Subd. 1a.

Schedule.

The fee schedule for licensees is as follows deleted text begin for licenses issued
after June 30, 2010, and prior to July 1, 2013 deleted text end :

(a) Three-year license fees:

(1) cosmetologist, deleted text begin manicurist deleted text end new text begin nail technician new text end , or esthetician:

(i) $90 for each initial license and a $40 nonrefundable initial license application fee,
for a total of $130; and

(ii) $60 for each renewal and a $15 nonrefundable renewal application fee, for
a total of $75;

(2) instructor or manager:

(i) $120 for each initial license and a $40 nonrefundable initial license application
fee, for a total of $160; and

(ii) $90 for each renewal and a $15 nonrefundable renewal application fee, for a
total of $105;

(3) salon:

(i) $130 for each initial license and a $100 nonrefundable initial license application
fee, for a total of $230; and

(ii) $100 for each renewal and a $50 nonrefundable renewal application fee, for a
total of $150; and

(4) school:

(i) $1,500 for each initial license and a $1,000 nonrefundable initial license
application fee, for a total of $2,500; and

(ii) $1,500 for each renewal and a $500 nonrefundable renewal application fee,
for a total of $2,000.

(b) Penalties:

(1) reinspection fee, variable;

(2) manager and owner with lapsed practitioner new text begin found on inspection new text end , $150 each;

new text begin (3) lapsed practitioner or instructor found on inspection, $200;
new text end

new text begin (4) lapsed salon found on inspection, $500;
new text end

new text begin (5) lapsed school found on inspection, $1,000;
new text end

new text begin (6) failure to display current license, $100;
new text end

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

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

new text begin (9) performing manicuring or cosmetology services in esthetician salon, or
performing esthetician or cosmetology services in manicure salon, $500;
new text end

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

new text begin (11) operator working as an independent contractor, $100;
new text end

new text begin (12) refusal or failure to cooperate with an inspection, $500;
new text end

deleted text begin (3) deleted text end new text begin (13) new text end expired cosmetologist, manicurist, esthetician, manager, school manager,
and instructor license, $45; and

deleted text begin (4) deleted text end new text begin (14) new text end expired salon or school license, $50.

(c) Administrative fees:

(1) certificate of identification, $20;

(2) name change, $20;

(3) letter of license verification, $30;

(4) duplicate license, $20;

(5) processing fee, $10;

(6) special event permit, $75 per year; and

(7) registration of hair braiders, $20 per year.

Sec. 3.

Minnesota Statutes 2012, section 155A.25, subdivision 4, is amended to read:

Subd. 4.

License expiration date.

The board shall, in a manner determined by the
board and without the need for rulemaking under chapter 14, phase in changes to initial
and renewal license expiration dates so that by January 1, 2014:

(1) individual licenses expire on the last day of the licensee's birth month of the
year due; and

(2) salon new text begin and school new text end licenses expire on the last day of the month of initial licensure
of the year due.

Sec. 4.

Minnesota Statutes 2012, section 155A.27, subdivision 4, is amended to read:

Subd. 4.

Testing.

new text begin All theory, practical, and Minnesota law and rule testing must
be done by a board-approved provider. new text end Appropriate standardized tests shall be used and
shall include subject matter relative to the application of Minnesota law. In every case,
the primary consideration shall be to safeguard the health and safety of consumers by
determining the competency of the applicants to provide the services indicated.

Sec. 5.

Minnesota Statutes 2012, section 155A.27, subdivision 10, is amended to read:

Subd. 10.

Nonresident licenses.

new text begin (a) new text end A nonresident cosmetologist, manicurist, 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 new text begin a board-approved theory and
practice-based examination, new text end the Minnesota-specific written operator examination for
cosmetologist, manicurist, or esthetician.

new text begin (b) If an individual has less than the required number of school hours, the individual
may be licensed in Minnesota if the individual has a current active license in another
state or country for at least three years, and has passed a board-approved theory and
practice-based examination, the Minnesota-specific written operator examination for
cosmetologist, manicurist, or esthetician.
new text end

new text begin (c) 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.

new text begin (d) 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 end

new text begin (e) new text end Licenses shall not be issued under this subdivision for managers or instructors.

Sec. 6.

Minnesota Statutes 2012, section 155A.29, subdivision 2, is amended to read:

Subd. 2.

Requirements.

(a) The conditions and process by which a salon is licensed
shall be established by the board by rule. In addition to those requirements, no license
shall be issued unless the board first determines that the conditions in clauses (1) to (5)
have been satisfied:

(1) compliance with all local and state laws, particularly relating to matters of
sanitation, health, and safety;

(2) the employment of a manager, as defined in section 155A.23, subdivision 8;

deleted text begin (3) inspection and licensing prior to the commencing of business;
deleted text end

deleted text begin (4) deleted text end new text begin (3) new text end if applicable, evidence of compliance with section 176.182; and

deleted text begin (5) deleted text end new text begin (4) new text end evidence of continued professional liability insurance coverage of at least
$25,000 for each claim and $50,000 total coverage for each policy year for each operator.

(b) A licensed esthetician or manicurist who complies with the health, safety,
sanitation, inspection, and insurance rules promulgated by the board to operate a salon
solely for the performance of those personal services defined in section 155A.23,
subdivision 5, in the case of an esthetician, or subdivision 7, in the case of a manicurist.

Sec. 7.

Minnesota Statutes 2012, section 155A.30, subdivision 1, is amended to read:

Subdivision 1.

Licensing.

Any person who establishes or conducts a school in this
state shall be licensed. new text begin A school manager must maintain an active salon manager's license.
An instructor must maintain an active operator or manager's license in the area in which
the instructor holds an instructor's license.
new text end

Sec. 8.

Minnesota Statutes 2012, section 155A.30, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Limit on hours of instruction. new text end

new text begin Instruction shall not exceed ten hours
per day per student.
new text end

Sec. 9.

Minnesota Statutes 2012, section 155A.30, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Instruction location. new text end

new text begin Instruction must be given within a licensed school
building. Online instruction is permitted for board-approved theory-based classes.
Practice-based classes must not be given online.
new text end

Sec. 10.

new text begin [155A.355] PROHIBITED USES.
new text end

new text begin Subdivision 1. new text end

new text begin Single-use equipment and materials. new text end

new text begin Single-use equipment,
implements, or materials that are made or constructed of paper, wood, or other porous
materials must only be used for one application or client service. Presence of used articles
in the work area is prima facie evidence of reuse. Failure to dispose of the materials in this
subdivision is punishable by penalty under section 155A.25, subdivision 1a, paragraph
(b), clause (7).
new text end

new text begin Subd. 2. new text end

new text begin Skin-cutting equipment. new text end

new text begin Razor-type callus shavers, rasps, or graters
designed and intended to cut growths of skin such as corns and calluses, including but not
limited to credo blades, are prohibited. Presence of these articles in the work area is prima
facie evidence of use and is punishable by penalty in section 155A.25, subdivision 1a,
paragraph (b), clause (8).
new text end

new text begin Subd. 3. new text end

new text begin Substances. new text end

new text begin Licensees must not use any of the following substances or
products in performing cosmetology services:
new text end

new text begin (1) methyl methacrylate liquid monomers, also known as MMA; and
new text end

new text begin (2) fumigants, including but not limited to formalin tablets or formalin liquids.
new text end

Sec. 11. new text begin GOOD CAUSE EXEMPTION.
new text end

new text begin The Board of Cosmetology may amend Minnesota Rules so that they conform with
this act. The Board of Cosmetology may use the good cause exemption under Minnesota
Statutes, section 14.388, subdivision 1, clause (3), in adopting the amendment, and
Minnesota Statutes, section 14.386, does not apply, except as it relates to Minnesota
Statutes, section 14.388.
new text end

Sec. 12. new text begin APPROPRIATION.
new text end

new text begin $300,000 in fiscal year 2014 and $300,000 in fiscal year 2015 are appropriated from
the general fund to the Board of Cosmetology.
new text end

Sec. 13. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "manicurist" to "nail technician"
wherever it appears in Minnesota Rules and Statutes.
new text end

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 155A.25, subdivision 1, new text end new text begin is repealed.
new text end