Key: (1) language to be deleted (2) new language
Laws of Minnesota 1991
CHAPTER 282-S.F.No. 1474
An act relating to occupations and professions; barber
registration; clarifying registration requirements for
barbers, apprentices, and instructors; expanding
causes for discipline; providing for summary
suspension; amending Minnesota Statutes 1990, sections
154.01; 154.03; 154.04; 154.05; 154.06; 154.065,
subdivisions 2 and 4; 154.07, subdivisions 1, 3, 5, 6,
and by adding a subdivision; 154.09; 154.10; 154.11;
154.12; 154.14; 154.15; 154.16; 154.18; and 154.22;
proposing coding for new law in Minnesota Statutes,
chapter 154; repealing Minnesota Statutes 1990,
sections 154.065, subdivisions 1, 3, 5, 7, and 8;
154.07, subdivision 2; 154.085; 154.13; and 154.17.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1990, section 154.01, is
amended to read:
154.01 [REGISTRATION MANDATORY.]
(a) No person shall practice, offer to practice, or attempt
to practice, barbering without a current certificate of
registration as a registered barber, issued pursuant to
provisions of this chapter by the board of barber
examiners hereinafter established.
(b) No person shall serve, offer to serve, or attempt to
serve, as an apprentice under a registered barber until notice
has been filed with the board of the person's intention of
becoming an apprentice under a registered barber without a
current certificate of registration as a registered apprentice
or temporary apprentice permit issued pursuant to provisions of
this chapter by the board of barber examiners. The registered
apprentice shall, prior to or immediately upon issuance of the
apprentice's certificate of registration, and immediately after
changing employment, advise the board of the name, address, and
certificate number of the registered barber under whom the
registered apprentice is working.
(c) It is unlawful to No person shall operate a barber shop
unless it is at all times under the direct supervision and
management of a registered barber and the owner or operator of
the barber shop possesses a current shop registration card,
issued under this chapter by the board of barber examiners.
(d) No person shall serve, offer to serve, or attempt to
serve as an instructor of barbering without a current
certificate of registration as a registered instructor of
barbering or a temporary permit as an instructor of barbering,
as provided for the board by rule, issued under this chapter by
the board of barber examiners.
(e) No person shall operate a barber school unless the
owner or operator possesses a current certificate of
registration as a barber school, issued under this chapter by
the board of barber examiners.
Sec. 2. Minnesota Statutes 1990, section 154.03, is
amended to read:
154.03 [APPRENTICES MAY BE EMPLOYED.]
A registered apprentice may not independently practice
barbering, but may as an apprentice do any or all of the acts
constituting the practice of barbering only if the registered
apprentice is, at all times, under the immediate personal
supervision of a registered barber and is in compliance with
this chapter and the rules of the board.
Sec. 3. Minnesota Statutes 1990, section 154.04, is
amended to read:
154.04 [PERSONS EXEMPT FROM COMPLIANCE REGISTRATION.]
The following persons are exempt from the provisions of
this chapter while in the proper discharge of their professional
duties:
(1) Persons authorized by the law of this state to practice
medicine, surgery, osteopathy, and chiropractic;
(2) Commissioned medical or surgical officers of the United
States army, navy, or marine hospital service armed services;
(3) Registered nurses, licensed practical nurses, and
nursing aides performing services under the direction and
supervision of a registered nurse, provided, however, that no
additional compensation shall be paid for such service and
patients who are so attended shall not be charged for barbering;
(4) Persons practicing beauty culture, provided, however,
that persons practicing beauty culture shall not hold themselves
out as barbers or, except in the case of manicurists, practice
their occupation in a barber shop.
Sec. 4. Minnesota Statutes 1990, section 154.05, is
amended to read:
154.05 [WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A
REGISTERED BARBER.]
A person is qualified to receive a certificate of
registration to practice barbering as a registered barber:
(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 12 months under the immediate personal supervision of
a registered barber; and
(5) (3) who has passed a satisfactory an 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 the
examination conducted by the board must shall continue to
practice as an apprentice for an additional two months before
being again entitled to take the examination for a registered
barber.
Sec. 5. Minnesota Statutes 1990, section 154.06, is
amended to read:
154.06 [WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A
REGISTERED APPRENTICE.]
A person is qualified to receive a certificate of
registration as a registered apprentice:
(1) Who has completed at least ten grades of an approved
school;
(2) Who is of good moral character and temperate habits and
free from any contagious or infectious disease;
(3) Who has been graduated from a school of barbering
barber school approved by the board of barber examiners; and
(4) (3) Who has passed a satisfactory an examination
conducted by the board to determine fitness to practice as a
registered apprentice.
An applicant for a certificate of registration to practice
as an apprentice who fails to pass a satisfactory the
examination conducted by the board is required to complete a
further course of study of not less than at least 500 hours, to
be completed in six months, of not more than eight hours in any
one working day, in a barber school of barbering approved by the
board.
A certificate of registration of an apprentice shall be a
temporary certificate and shall be valid for four years from the
date of the certificate of registration is issued by the board
and shall not be renewed thereafter. During such four-year
period the certificate of registration shall remain in full
force and effect only if the apprentice complies with all the
provisions of this chapter, as amended, including the payment of
an annual fee, and the rules of the board of barber examiners.
If any registered apprentice shall, during the term in
which the temporary certificate of registration is in effect,
enter full time active duty in the armed forces of the United
States of America, the expiration date of the temporary
certificate of registration shall be extended by a period of
time equal to the period or periods of active duty.
Sec. 6. Minnesota Statutes 1990, section 154.065,
subdivision 2, is amended to read:
Subd. 2. [QUALIFICATIONS.] No certificate of registration
shall be issued to any person under this section unless that
person has the following minimum qualifications A person is
qualified to receive a certificate of registration as an
instructor of barbering who:
(a) (1) is at least 25 years of age;
(b) is a graduate from an approved high school, or its
equivalent, as determined by examination by the state board
department of education;
(c) (2) has qualified for a teacher's or instructor's
vocational certificate;
(d) (3) has at least three years experience as a
licensed registered barber in this state, or its equivalent as
determined by the board; and
(e) (4) has passed the an examination prescribed and
conducted by the board of barber examiners on subjects provided
by the laws governing licensing of barbers in Minnesota to
determine fitness to instruct in barbering.
A certificate of registration under this section is
provisional until a teacher's or instructor's vocational
certificate has been issued by the department of education. A
provisional certificate of registration is valid for 30 days and
is not renewable.
Sec. 7. Minnesota Statutes 1990, section 154.065,
subdivision 4, is amended to read:
Subd. 4. [EXAMINATIONS.] Examinations under this section
shall be held not to exceed twice a year at times and at a place
or places to be determined by the board. In case of an
emergency, there being no licensed registered instructor of
barbering available, a temporary certificate as an instructor of
barbering, valid only until the results of the next examination
is held are released, may be issued upon such terms and
conditions as the board may prescribe.
Sec. 8. Minnesota Statutes 1990, section 154.07,
subdivision 1, is amended to read:
Subdivision 1. [ADMISSION REQUIREMENTS; COURSE OF
INSTRUCTION.] No barber 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 at least
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 hair.
Sec. 9. Minnesota Statutes 1990, section 154.07,
subdivision 3, is amended to read:
Subd. 3. [COSTS; NUMBER OF INSTRUCTORS; HOURS.] It shall
be permissible for barber schools 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.
Subd. 3a. [NUMBER OF INSTRUCTORS.] There shall be one
registered instructor to of barbering for every 17 students or
minor fraction in excess thereof of 17. No instruction shall be
performed by persons not possessing a certificate of
registration as an instructor of barbering or a temporary permit
as an instructor of barbering.
Sec. 10. Minnesota Statutes 1990, section 154.07,
subdivision 5, is amended to read:
Subd. 5. [OWNER'S REQUIREMENTS.] Any person may own and
operate a barber school who if the person has had six years'
continuous experience as a barber, provided such the person
shall first secure secures from the board an annual permit to do
so certificate of registration as a barber school, keep the same
keeps it prominently displayed, and before commencing business,:
(1) file files with the secretary of state a bond to the
state approved by the attorney general in the sum
of $1,000 $25,000, 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 shall and
(2) keep keeps prominently displayed on the exterior a
substantial sign as indicating that the establishment is a
barber school.
Subd. 5a. [STUDENT PERMITS.] All barber schools upon
receiving students shall immediately apply to the board for
student permits upon blanks forms for that purpose furnished by
the board.
Sec. 11. Minnesota Statutes 1990, section 154.07, is
amended by adding a subdivision to read:
Subd. 5b. [DESIGNATED OPERATOR.] When a person who owns a
barber school does not meet the requirements of this section to
operate a barber school, the owner shall notify the board in
writing and under oath of the identity of the person designated
to operate the barber school and shall notify the board of any
change of operator by telephone within 24 hours of such change,
exclusive of Saturdays, Sundays, and legal holidays, and shall
notify the board in writing and under oath within 72 hours of
such change.
Sec. 12. Minnesota Statutes 1990, section 154.07,
subdivision 6, is amended to read:
Subd. 6. [OPERATION BY TECHNICAL COLLEGE OR STATE
INSTITUTION.] A public technical college 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 secures from the board of barber examiners an annual
permit without payment of fees prescribed by this chapter to do
so certificate of registration and shall do does 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. 13. Minnesota Statutes 1990, 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 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 school that the student has students
applying to take the apprentice examination have completed 1,500
hours in a duly approved barber school in registered with
the state board.
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 barber
schools of barbering approved by registered with the board. The
examination for registered apprentices must also include a
practical demonstration.
Sec. 14. Minnesota Statutes 1990, section 154.10, is
amended to read:
154.10 [APPLICATION; CERTIFICATES OF REGISTRATION; FEES.]
Subdivision 1. [APPLICATION.] Each applicant for an
initial certificate of registration shall make application to
the board on forms prepared and furnished by the board with
proof under oath of the particular qualifications of each
applicant. This application shall be accompanied by a fee
prescribed by law or the rules of the board to defray the
expenses of making investigation and for the examination of such
applicant.
Subd. 2. [CERTIFICATES OF REGISTRATION; FEES.] When the
provisions of this chapter have been complied with, the board of
barber examiners shall issue a certificate of registration as a
registered barber or, as a registered apprentice, as a
registered instructor of barbering, or as a registered barber
school, a temporary apprentice permit, a temporary permit as an
instructor of barbering, or a shop registration card upon
payment of the required fee. Certificates of registration,
temporary permits, and shop registration cards are not
transferable.
Sec. 15. Minnesota Statutes 1990, section 154.11, is
amended to read:
154.11 [PERMITS TO PRACTICE EXAMINATION OF NONRESIDENT
BARBERS AND INSTRUCTORS OF BARBERING; TEMPORARY APPRENTICE
PERMITS.]
Subdivision 1. [EXAMINATION OF NONRESIDENTS.] A person who
is at least 18 years of age and of good moral character and
temperate habits meets all of the requirements for licensure in
this chapter and either has a license or, certificate of
registration, or an equivalent as a practicing barber or
instructor of barbering from another state or country which in
the discretion of the board has substantially the same
requirements for licensing or registering barbers and
instructors of barbering as required by this chapter or can
prove by sworn affidavits practice as a barber or instructor of
barbering in another state or country for at least five years
immediately prior to making application in this state, shall,
upon payment of the required fee, be called by the board of
barber examiners for examination to determine fitness to receive
a certificate of registration to practice barbering or to
instruct in barbering.
Subd. 2. [TEMPORARY APPRENTICE PERMITS FOR
NONRESIDENTS.] Any person who qualifies for examination as a
registered barber under this section may apply for a temporary
apprentice permit which is effective no longer than six months.
All persons holding a temporary apprentice permit are subject to
all provisions of this chapter and the rules adopted by the
board under it concerning the conduct and obligations of
registered apprentices.
Sec. 16. Minnesota Statutes 1990, section 154.12, is
amended to read:
154.12 [PERSONS FROM OTHER STATES; PERMIT TO PRACTICE
EXAMINATION OF NONRESIDENT APPRENTICES.]
A person who is of good moral character and temperate
habits meets all of the requirements for licensure in this
chapter who has a license, a certificate of registration, or
their equivalent as an apprentice in a state or country which in
the discretion of the board has substantially the same
requirements for registration as an apprentice as is provided by
this chapter shall, upon payment of the required fee, be called
by the board of barber examiners for examination to determine
fitness to receive a certificate of registration as an
apprentice. Being able to pass the required examination, the
person will be issued a certificate of registration as a
registered apprentice. A person failing to pass the required
examination must conform to the requirements of section 154.06
before being permitted to take another examination.
Sec. 17. Minnesota Statutes 1990, section 154.14, is
amended to read:
154.14 [CERTIFICATES OF REGISTRATION AND TEMPORARY PERMITS
TO BE DISPLAYED.]
Every holder of a certificate of registration as a
registered barber or registered apprentice or temporary
apprentice permit shall display it in a conspicuous place
adjacent to or near the chair where work is performed. Every
holder of a certificate of registration as an instructor of
barbering or as a barber school, of a temporary permit as an
instructor of barbering, and of a shop registration card shall
display it in a conspicuous place accessible to the public.
Sec. 18. Minnesota Statutes 1990, section 154.15, is
amended to read:
154.15 [CERTIFICATES OF REGISTRATION MUST BE RENEWED
ANNUALLY.]
Subdivision 1. [ANNUAL RENEWAL REQUIRED.] All registered
barbers and, registered apprentices, and registered instructors
of barbering who continue in active practice or service shall,
on or before December 31 each year, renew their certificates of
registration for the following year and pay the required fee.
Every certificate of registration which has not been renewed
during the month of December in any year shall expire on the
thirty-first day of December in that year. All shop
registration cards shall be renewed on or before June 30 of each
year upon payment of the required fee. All certificates of
registration as a barber school shall be renewed on or before
December 31 of each year upon payment of the required fee.
Subd. 2. [EFFECT OF FAILURE TO RENEW.] A registered barber
or a registered apprentice who has defaulted in renewing the not
renewed a certificate of registration may be reinstated within
one year of such default failure to renew without examination
upon the payment of the required restoration fee. A registered
instructor of barbering who has not renewed a certificate of
registration may be reinstated within three years of such
failure to renew without examination upon payment of the
required restoration fee. All registered barbers and registered
apprentices who allow their certificates of registration to
lapse for more than one year shall be required to reexamine
before being issued a certificate of registration. All
registered instructors of barbering who allow their certificates
of registration to lapse for more than three years shall be
required to reexamine before being issued a certificate of
registration.
Sec. 19. Minnesota Statutes 1990, section 154.16, is
amended to read:
154.16 [CAUSES FOR REVOCATION DISCIPLINE.]
The board of barber examiners may either refuse to issue or
renew, or may suspend or revoke, any certificate of
registration, temporary permit, or shop registration card or
censure a holder of a certificate of registration, a temporary
permit, or a shop registration card for any one or combination
of the following causes:
(1) Gross malpractice or gross incompetency;
(2) Continued practice by a person having an infectious or
contagious disease;
(3) advertising by means of knowingly false or deceptive
statements;
(4) Habitual drunkenness or habitual or excessive
indulgence in the use of drugs, including but not limited to
narcotics as defined in either United States Code Annotated,
title 26, section 4731, or Minnesota Statutes, section 152.01,
barbiturates, amphetamine, benzedrine, dexedrine, or other
sedatives, depressants, stimulants, or tranquilizers;
(5) Immoral or unprofessional conduct or practice and
conduct or practice which violates the provisions of chapter
186;
(6) The commission of any of the offenses described in
section 154.19, clause (3), (4), (5), (6), (7), or (8);
(7) Violation of the so-called Sunday closing laws, being
sections 624.01 to 624.03;
(8) A registered apprentice working in a barber shop in
which the apprentice has a financial interest; and
(9) Failure to comply with the sanitary violation of any
provision of this chapter or the rules of the board of barber
examiners.;
(7) permitting any person in one's employ, supervision, or
control to practice as a registered barber, registered
apprentice, or registered instructor of barbering unless that
person has a current certificate of registration as a registered
barber, registered apprentice, or registered instructor of
barbering, a temporary apprentice permit, or a temporary permit
as an instructor of barbering;
(8) obtaining or attempting to obtain a certificate of
registration, temporary permit, or shop registration card for
money other than the required fee, or any other thing of value,
or by misrepresentation;
(9) practicing, offering to practice, or attempting to
practice by misrepresentation;
(10) failure to display a certificate of registration as
required by section 154.14;
(11) using any room or place for barbering which is also
used for any purpose or use which violates the board's sanitary
rules;
(12) failure or refusal of any barber, apprentice, or other
person working in or in charge of any barber shop, or any person
in a barber school engaging in the practice of barbering, to use
separate and clean towels for each customer or patron, or to
discard and launder each towel after once being used;
(13) failure or refusal by any barber or other person in
charge of any barber shop or barber school to supply clean hot
and cold water in quantities necessary to conduct the shop or
the barbering service of the school, in a sanitary manner, or
the failure or refusal of the person to have water and sewer
connections from the shop or barber school with municipal water
and sewer systems where the latter are available for use, or the
failure or refusal of the person to maintain a receptacle for
hot water of a capacity of not less than five gallons;
(14) failure to respond to any communication from the board
or from the attorney general on behalf of the board, the refusal
to permit the board to make any inspection permitted or required
by this chapter, or the failure to provide the board or the
attorney general on behalf of the board with any documents or
records requested;
(15) failure to promptly renew any certificate of
registration or shop registration card when remaining in
practice, failure to pay the required fees, or issuance of a
worthless check to the board;
(16) failure to supervise a registered apprentice or
temporary apprentice or permitting a person not registered with
the board or holding a temporary permit to practice barbering;
(17) refusal to serve a customer because of race, color,
creed, religion, disability, national origin, or sex;
(18) failure to comply with any other provision of this
chapter or of the rules of the board; and
(19) failure to comply with chapter 141 or any other
chapter relating to barber schools.
Sec. 20. [154.165] [SUMMARY SUSPENSION.]
The board may, in the public interest, temporarily suspend
any certificate of registration, temporary permit, or shop
registration card pending final determination of an order for
hearing. Service of the temporary suspension order is effective
if the order is served on the licensee or counsel of record
personally or by first class mail to the most recent address
provided by the licensee or counsel of record to the board.
Where the board has temporarily suspended a certificate of
registration, temporary permit, or shop registration card, a
hearing on the merits shall be held within 45 days of the
issuance of the temporary suspension order. The administrative
law judge shall make findings of fact, conclusions of law, and a
recommendation to the board within 30 days of the date of the
conclusion of the hearing. The board shall issue its findings
of fact, conclusions of law, and order within 30 days of receipt
of the administrative law judge's report and any exceptions to
it.
Upon written request within ten days of service of the
order, the board shall hold a hearing before its own members on
the sole issue of whether there is a reasonable basis to
continue, modify, or vacate the temporary suspension order.
Evidence presented shall be in affidavit form only. The
licensee or counsel of record and board staff may appear for
oral argument. The board shall issue its order within five
working days after the hearing.
Sec. 21. Minnesota Statutes 1990, 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 executive secretary of the board of
barber examiners. The executive secretary shall deposit the
fees in the state treasury, to be disbursed by the executive
secretary on the order of the chair in payment of expenses
lawfully incurred by the board.
Sec. 22. Minnesota Statutes 1990, section 154.22, is
amended to read:
154.22 [BOARD OF BARBER EXAMINERS CREATED; TERMS.]
A board of barber examiners is established to consist of
four members appointed by the governor. Three of such members
shall be practical barbers persons who have followed the
occupation of practiced as a registered barber in this state for
at least five years immediately prior to their appointment;
shall be graduates from the 12th grade of a high school, or have
an equivalent education;, and shall have knowledge of the
matters to be taught in approved registered barber schools of
barbering, as set forth in section 154.07. The remaining member
of the board shall be a public member as defined by section
214.02. One of the members shall be a member of, or recommended
by, a union of journeymen barbers which shall have existed at
least two years, and one shall be a member of, or recommended
by, the master a professional organization of barbers
association of Minnesota.
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
and Laws 1976, chapter 222, sections 2 to 7.
Members appointed to fill vacancies caused by death,
resignation, or removal shall serve during the unexpired term of
their predecessors.
Sec. 23. [REPEALER.]
Minnesota Statutes 1990, sections 154.065, subdivisions 1,
3, 5, 7, and 8; 154.07, subdivision 2; 154.085; 154.13; and
154.17, are repealed.
Sec. 24. [EFFECTIVE DATES.]
Sections 1, paragraph (c); 10; and 12 are effective January
1, 1992.
Presented to the governor May 29, 1991
Signed by the governor June 1, 1991, 3:57 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes