Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 476-H.F.No. 1534 
           An act relating to education; changing licensing 
          requirements for registered barbers and registered 
          apprentice barbers; amending Minnesota Statutes 1986, 
          sections 154.05; 154.07; 154.09; and 154.18. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 154.05, is 
amended to read:  
    154.05 [WHO MAY RECEIVE CERTIFICATES.] 
    A person is qualified to receive a certificate of 
registration to practice barbering: 
    (1) Who is qualified under the provisions of section 154.06;
    (2) Who is at least 18 years of age; 
    (3) Who is of good moral character and temperate habits and 
free from any contagious or infectious disease; and 
    (4) Who has practiced as a registered apprentice for a 
period of 15 12 months under the immediate personal supervision 
of a registered barber; and 
    (5) Who has passed a satisfactory examination conducted by 
the board of barber examiners to determine fitness to practice 
barbering.  
    An applicant for a certificate of registration to practice 
as a registered barber who fails to pass a satisfactory 
examination conducted by the board must continue to practice as 
an apprentice for an additional six two months before being 
again entitled to take the examination for a registered barber.  
    Sec. 2.  Minnesota Statutes 1986, section 154.07, is 
amended to read:  
    154.07 [QUALIFICATION OF STUDENTS IN BARBER SCHOOLS; 
REQUIREMENTS.] 
    Subdivision 1.  [ADMISSION REQUIREMENTS; COURSE OF 
INSTRUCTION.] No school of barbering shall be approved by the 
board of barber examiners unless it requires, as a prerequisite 
to admission thereto, ten grades of an approved school or its 
equivalent, as determined by an examination conducted by the 
state board of education, which shall issue a certificate that 
the student has passed the required examination, and unless it 
requires, as a prerequisite to graduation, a course of 
instruction of not less than 1,500 hours, to be completed within 
15 months, of not more than eight hours in any one working day; 
such course of instruction to include the following subjects:  
scientific fundamentals for barbering, hygiene, practical study 
of the hair, skin, muscles, and nerves, structure of the head, 
face, and neck, elementary chemistry relating to sterilization 
and antiseptics; diseases of the skin, hair, glands, massaging 
and manipulating the muscles of the face and neck, haircutting, 
shaving, and trimming the beard; bleaching, tinting and dyeing 
the hair, and the chemical straightening of the hair of males. 
    Subd. 2.  [ADDING SCHOOLS.] In considering the 
establishment of additional schools in the state, the board of 
barber examiners shall consider the following: 
    (a) (1) the total needs for barbers throughout the state; 
    (b) (2) the number who are being graduated from the barber 
schools and available for employment throughout the state; 
    (c) (3) the ability of the community to support the 
proposed school to insure adequate practice for its students; 
and 
    (d) (4) the economic effect of the proposed barber school 
on the local barber shops in the local community. 
    The state board of barber examiners shall conduct a hearing 
for each proposed additional school and notify the Minnesota 
state department of jobs and training of each such hearing. 
    Subd. 3.  [COSTS; NUMBER OF INSTRUCTORS; HOURS.] It shall 
be permissible for barber schools and barber colleges teaching 
the occupation of barbering to make a reasonable charge for 
materials used and services rendered by students for work done 
in such schools or colleges by students and there shall be one 
instructor to every 15 17 students or minor fraction in excess 
thereof.  Barber colleges and schools shall open at 8:00 a.m. 
and close at 5:00 p.m. 
    Subd. 4.  [BUILDING REQUIREMENTS.] Each barber school or 
college shall be conducted and operated in one building, or in 
connecting buildings, and no barber school or college shall have 
any department or branch in a building completely separated or 
removed from the remainder of the barber school or college. 
    Subd. 5.  [OWNER'S REQUIREMENTS.] Any person may own and 
operate a barber college school who has had ten six years' 
continuous experience as a barber, provided such person shall 
first secure from the board an annual permit to do so, keep the 
same prominently displayed, and before commencing business, file 
with the secretary of state a bond to the state approved by the 
attorney general in the sum of $1,000, conditioned upon the 
faithful compliance of the barber school with all the provisions 
herein, and to pay all judgments that may be obtained against 
the school, or the owners thereof, on account of fraud, 
misrepresentation, or deceit practiced by them or their agents; 
provided, that all barber schools or colleges shall keep 
prominently displayed a substantial sign as barber school or 
college.  All barber schools upon receiving students shall 
immediately apply to the board for student permits upon blanks 
for that purpose furnished by the board. 
    Subd. 6.  [OPERATION BY AVTI OR STATE INSTITUTION.] A 
public area vocational technical school or a state institution 
may operate a barber school provided it has in its employment a 
qualified instructor holding a current certificate of 
registration as a barber instructor and provided that it shall 
secure from the board of barber examiners an annual permit 
without payment of fees prescribed by this chapter to do so and 
shall do so in accordance with the provisions of this chapter 
and the rules of the board of barber examiners for barber 
schools but without the requirement to file a performance bond 
with the secretary of state. 
    Sec. 3.  Minnesota Statutes 1986, section 154.09, is 
amended to read:  
    154.09 [EXAMINATIONS, CONDUCT AND SCOPE.] 
    The board of barber examiners shall conduct examinations of 
applicants for certificates of registration to practice as 
registered barbers and registered apprentices not more than four 
six times each year, at such time and place as the board may 
determine.  An affidavit shall be filed with the board by the 
proprietor of a barber college or barber school that the student 
has completed 1,500 hours in a duly approved barber school or 
barber college in the state.  
    The examination of applicants for certificates of 
registration as registered barbers and registered apprentices 
shall include both a practical demonstration and a written and 
oral test and embrace the subjects usually taught in schools of 
barbering approved by the board.  The examination for registered 
apprentices must also include a practical demonstration.  
    Sec. 4.  Minnesota Statutes 1986, section 154.18, is 
amended to read:  
    154.18 [FEES.] 
    The fees collected, as required in this chapter, chapter 
214, and the rules of the board of barber examiners, shall be 
paid in advance to the secretary of the board of barber 
examiners.  The secretary shall deposit the fees in the state 
treasury, to be disbursed by the secretary on the order of the 
chair in payment of expenses lawfully incurred by the board.  
    The fees to be paid the board of barber examiners required 
by this chapter, as amended, are: 
    (1) for examining applicant and issuing certificate of 
registration as a registered barber, $30; 
    (2) for renewing certificate of registration as a 
registered barber, $10; 
    (3) for restoring certificate of registration as a 
registered barber within one year of expiration, $15; provided, 
however, no such restoration fee is required of barbers age 70 
or over; 
    (4) for examining applicant and issuing a certificate of 
registration as a registered apprentice, $17; 
    (5) for renewing a certificate of registration as a 
registered apprentice, $7; 
    (6) for restoring a certificate of registration as a 
registered apprentice, within one year of expiration, $10; 
    (7) for examining applicant for a teacher's certificate, 
$25; 
    (8) for issuing a certificate of registration as a 
registered teacher, $25; 
    (9) for renewing a certificate of registration as a 
registered teacher, $25; 
    (10) for restoring a certificate of shop registration 
within 30 days after expiration date, $10; provided, however, no 
such restoration fee is required of those age 70 or over and who 
operates a barbershop as part of the barber's residence; 
    (11) for issuing a certificate of registration as an 
approved barber school, $100; 
    (12) for renewing a certificate of registration as an 
approved barber school, $100; 
    (13) for issuing a student permit, $5.  
    The fees prescribed above for the renewal of certificates 
of registration as a registered barber and registered apprentice 
include the assessment made for the Unfair Trade Practice Act 
and shall be effective for the renewal of the 1968 licenses.  
    The fee to be paid for issuing an initial certificate of 
shop registration shall be $25 and for renewing a certificate of 
shop registration of a shop within a community on or before June 
30 of each year, $5.  
    Every barber shop in business on May 20, 1967 shall have 
the right to continue until June 30, 1967, without the payment 
of any fees or any other act and shall thereafter apply for 
renewal of a certificate of shop registration in accordance with 
the provisions of this chapter, as amended. 
    Approved April 12, 1988