Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 269-H.F.No. 2640
An act relating to commerce; creating a law
enforcement agency to deal with insurance fraud;
prescribing its powers and duties; establishing
insurance assessments to fund the insurance fraud
prevention account; providing for disclosure of
certain data to the Department of Commerce;
transferring the automobile theft prevention program
to the Department of Commerce; modifying provisions
relating to barbers and cosmetologists; creating a
Board of Barber and Cosmetologist Examiners;
appropriating money; amending Minnesota Statutes 2002,
sections 13.82, subdivision 1; 45.0135, subdivision 6,
by adding subdivisions; 154.01; 154.02; 154.03;
154.04; 154.06; 154.07, as amended; 154.08; 154.11;
154.12; 154.161, subdivisions 2, 4, 5, 7; 154.18;
154.19; 154.21; 154.22; 154.23; 154.24; 154.25;
155A.01; 155A.02; 155A.03, subdivisions 1, 2, 7, by
adding subdivisions; 155A.045, subdivision 1; 155A.05;
155A.07, subdivisions 2, 8, by adding a subdivision;
155A.08, subdivisions 1, 2, 3; 155A.09; 155A.095;
155A.10; 155A.135; 155A.14; 155A.15; 155A.16; 299A.75,
subdivisions 1, 2, 3; 626.84, subdivision 1; Minnesota
Statutes 2003 Supplement, sections 116J.70,
subdivision 2a; 268.19, subdivision 1; repealing
Minnesota Statutes 2002, section 45.0135, subdivisions
1, 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
INSURANCE FRAUD PREVENTION
Section 1. Minnesota Statutes 2002, section 13.82,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] This section shall apply to
agencies which carry on a law enforcement function, including
but not limited to municipal police departments, county sheriff
departments, fire departments, the Bureau of Criminal
Apprehension, the Minnesota State Patrol, the Board of Peace
Officer Standards and Training, the Division of Insurance Fraud
Prevention in the Department of Commerce, and the Department of
Labor and Industry fraud investigation unit, the program
integrity section of, and county human service agency client and
provider fraud prevention and control units operated or
supervised by the Department of Human Services.
Sec. 2. Minnesota Statutes 2002, section 45.0135, is
amended by adding a subdivision to read:
Subd. 2a. [AUTHORIZATION.] The commissioner may appoint
peace officers, as defined in section 626.84, subdivision 1,
paragraph (c), and establish a law enforcement agency, as
defined in section 626.84, subdivision 1, paragraph (h), known
as the Division of Insurance Fraud Prevention, to conduct
investigations, and to make arrests under sections 629.30 and
629.34. The jurisdiction of the law enforcement agency is
limited to offenses related to insurance fraud.
Sec. 3. Minnesota Statutes 2002, section 45.0135, is
amended by adding a subdivision to read:
Subd. 2b. [DUTIES.] The Division of Insurance Fraud
Prevention shall:
(1) review notices and reports of insurance fraud submitted
by authorized insurers, their employees, and agents or
producers;
(2) respond to notifications or complaints of suspected
insurance fraud generated by other law enforcement agencies,
state or federal governmental units, or any other person;
(3) initiate inquiries and conduct investigations when the
division has reason to believe that insurance fraud has been or
is being committed; and
(4) report incidents of alleged insurance fraud disclosed
by its investigations to appropriate law enforcement agencies,
including, but not limited to, the attorney general, county
attorneys, or any other appropriate law enforcement or
regulatory agency, and shall assemble evidence, prepare charges,
and otherwise assist any law enforcement authority having
jurisdiction.
Sec. 4. Minnesota Statutes 2002, section 45.0135, is
amended by adding a subdivision to read:
Subd. 2c. [ARRESTS AND INVESTIGATIONS.] The initial
processing of a person arrested by the Division of Insurance
Fraud Prevention for an offense within its jurisdiction is the
responsibility of the Division of Insurance Fraud Prevention
unless otherwise directed by the law enforcement agency with
primary jurisdiction. Subsequent investigation shall be the
responsibility of the Division of Insurance Fraud Prevention
unless otherwise directed by the law enforcement agency with
primary jurisdiction. At the request of the primary
jurisdiction, the Division of Insurance Fraud Prevention may
assist in a subsequent investigation being carried out by the
primary jurisdiction.
Sec. 5. Minnesota Statutes 2002, section 45.0135, is
amended by adding a subdivision to read:
Subd. 2d. [POLICY FOR NOTICE OF INVESTIGATIONS.] The
Division of Insurance Fraud Prevention must develop a policy for
notifying the law enforcement agency with primary jurisdiction
when it has initiated investigation of any person within the
jurisdiction of that agency.
Sec. 6. Minnesota Statutes 2002, section 45.0135, is
amended by adding a subdivision to read:
Subd. 2e. [CHIEF LAW ENFORCEMENT OFFICER.] The
commissioner shall appoint a peace officer employed full time to
be the chief law enforcement officer and to be responsible for
the management of the Division of Insurance Fraud Prevention.
The chief law enforcement officer shall possess the necessary
police and management experience to manage a law enforcement
agency. The chief law enforcement officer may appoint,
discipline, and discharge all employees of the Division of
Insurance Fraud Prevention. All police managerial and
supervisory personnel must be full-time employees of the
Division of Insurance Fraud Prevention. Supervisory personnel
must be on duty and available any time peace officers of the
Division of Insurance Fraud Prevention are on duty.
Sec. 7. Minnesota Statutes 2002, section 45.0135, is
amended by adding a subdivision to read:
Subd. 2f. [COMPLIANCE.] Except as otherwise provided in
this section, the Division of Insurance Fraud Prevention shall
comply with all statutes and administrative rules relating to
the operation and management of a law enforcement agency.
Sec. 8. Minnesota Statutes 2002, section 45.0135,
subdivision 6, is amended to read:
Subd. 6. [INSURANCE FRAUD PREVENTION ACCOUNT.] The
insurance fraud prevention account is created in the state
treasury. It consists of any appropriations made by law Money
received from assessments under subdivision 7 is deposited in
the account. Money in this fund is appropriated to the
commissioner of commerce for the purposes specified in this
section and sections 60A.951 to 60A.956.
Sec. 9. Minnesota Statutes 2002, section 45.0135, is
amended by adding a subdivision to read:
Subd. 7. [ASSESSMENT.] Each insurer authorized to sell
insurance in the state of Minnesota shall remit an assessment to
the commissioner for deposit in the insurance fraud prevention
account on or before June 1 of each year. The amount of the
assessment shall be based on the insurer's total assets and on
the insurer's total written Minnesota premium, for the preceding
fiscal year, as reported pursuant to section 60A.13. The
assessment is calculated as follows:
Total Assets Assessment
Less than $100,000,000 $ 200
$100,000,000 to $1,000,000,000 $ 750
Over $1,000,000,000 $2,000
Minnesota Written Premium Assessment
Less than $10,000,000 $ 200
$10,000,000 to $100,000,000 $ 750
Over $100,000,000 $2,000
For purposes of this subdivision, the following entities
are not considered to be insurers authorized to sell insurance
in the state of Minnesota: risk retention groups; township
mutuals organized under chapter 67A; or health maintenance
organizations organized under chapter 62D.
Sec. 10. Minnesota Statutes 2003 Supplement, section
268.19, subdivision 1, is amended to read:
Subdivision 1. [USE OF DATA.] (a) Except as otherwise
provided by this section, data gathered from any employer or
individual pursuant to the administration of the Minnesota
Unemployment Insurance Law are private data on individuals or
nonpublic data not on individuals as defined in section 13.02,
subdivisions 9 and 12, and may not be disclosed except pursuant
to a court order or section 13.05. These data may be
disseminated to and used by the following agencies without the
consent of the subject of the data:
(1) state and federal agencies specifically authorized
access to the data by state or federal law;
(2) any agency of Minnesota or any other state; or any
federal agency charged with the administration of an employment
security law or the maintenance of a system of public employment
offices;
(3) human rights agencies within Minnesota that have
enforcement powers;
(4) the Department of Revenue must have access to
department private data on individuals and nonpublic data not on
individuals only to the extent necessary for enforcement of
Minnesota tax laws;
(5) public and private agencies responsible for
administering publicly financed assistance programs for the
purpose of monitoring the eligibility of the program's
recipients;
(6) the Department of Labor and Industry and the Division
of Insurance Fraud Prevention in the Department of Commerce on
an interchangeable basis with the department subject to the
following limitations and regardless of any law to the contrary:
(i) the department must have access to private data on
individuals and nonpublic data not on individuals for uses
consistent with the administration of its duties under the
Minnesota Unemployment Insurance Law; and
(ii) the Department of Labor and Industry and the Division
of Insurance Fraud Prevention in the Department of Commerce must
have access to private data on individuals and nonpublic data
not on individuals for uses consistent with the administration
of its their duties under Minnesota law;
(7) the Department of Employment and Economic Development
may have access to private data on individual employers and
nonpublic data not on individual employers for its internal use
only; when received by the Department of Employment and Economic
Development, the data remain private data on individuals or
nonpublic data;
(8) local and state welfare agencies for monitoring the
eligibility of the data subject for assistance programs, or for
any employment or training program administered by those
agencies, whether alone, in combination with another welfare
agency, or in conjunction with the department or to monitor and
evaluate the statewide Minnesota family investment program by
providing data on recipients and former recipients of food
stamps or food support, cash assistance under chapter 256, 256D,
256J, or 256K, child care assistance under chapter 119B, or
medical programs under chapter 256B, 256D, or 256L;
(9) local, state, and federal law enforcement agencies for
the sole purpose of ascertaining the last known address and
employment location of the data subject, provided the data
subject is the subject of a criminal investigation;
(10) the federal Immigration and Naturalization Service
shall have access to data on specific individuals and specific
employers provided the specific individual or specific employer
is the subject of an investigation by that agency; and
(11) the Department of Health may have access to private
data on individuals and nonpublic data not on individuals solely
for the purposes of epidemiologic investigations.
(b) Data on individuals and employers that are collected,
maintained, or used by the department in an investigation
pursuant to section 268.182 are confidential as to data on
individuals and protected nonpublic data not on individuals as
defined in section 13.02, subdivisions 3 and 13, and must not be
disclosed except pursuant to statute or court order or to a
party named in a criminal proceeding, administrative or
judicial, for preparation of a defense.
(c) Tape recordings and transcripts of recordings of
proceedings conducted in accordance with section 268.105 and
exhibits received into evidence at those proceedings are private
data on individuals and nonpublic data not on individuals and
must be disclosed only pursuant to the administration of section
268.105, or pursuant to a court order.
(d) The department may disseminate an employer's name,
address, industry code, occupations employed, and the number of
employees by ranges of not less than 100 for the purpose of
assisting individuals using the Minnesota Workforce Center
system in obtaining employment.
(e) The general aptitude test battery and the nonverbal
aptitude test battery as administered by the department are
private data on individuals or nonpublic data.
(f) Data gathered by the department pursuant to the
administration of the Minnesota unemployment insurance program
and the job service must not be made the subject or the basis
for any suit in any civil proceedings, administrative or
judicial, unless the action is initiated by the department.
Sec. 11. Minnesota Statutes 2002, section 626.84,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of sections
626.84 to 626.863, the following terms have the meanings given
them:
(a) "Board" means the Board of Peace Officer Standards and
Training.
(b) "Director" means the executive director of the board.
(c) "Peace officer" means:
(1) an employee or an elected or appointed official of a
political subdivision or law enforcement agency who is licensed
by the board, charged with the prevention and detection of crime
and the enforcement of the general criminal laws of the state
and who has the full power of arrest, and shall also include the
Minnesota State Patrol, agents of the Division of Alcohol and
Gambling Enforcement, state conservation officers, Metropolitan
Transit police officers, and Department of Corrections' Fugitive
Apprehension Unit officers, and Department of Commerce Insurance
Fraud Unit officers; and
(2) a peace officer who is employed by a law enforcement
agency of a federally recognized tribe, as defined in United
States Code, title 25, section 450b(e), and who is licensed by
the board.
(d) "Constable" has the meaning assigned to it in section
367.40.
(e) "Deputy constable" has the meaning assigned to it in
section 367.40.
(f) "Part-time peace officer" means an individual licensed
by the board whose services are utilized by law enforcement
agencies no more than an average of 20 hours per week, not
including time spent on call when no call to active duty is
received, calculated on an annual basis, who has either full
powers of arrest or authorization to carry a firearm while on
active duty. The term shall apply even though the individual
receives no compensation for time spent on active duty, and
shall apply irrespective of the title conferred upon the
individual by any law enforcement agency. The limitation on the
average number of hours in which the services of a part-time
peace officer may be utilized shall not apply to a part-time
peace officer who has formally notified the board pursuant to
rules adopted by the board of the part-time peace officer's
intention to pursue the specialized training for part-time peace
officers who desire to become peace officers pursuant to
sections 626.843, subdivision 1, clause (g), and 626.845,
subdivision 1, clause (g).
(g) "Reserve officer" means an individual whose services
are utilized by a law enforcement agency to provide
supplementary assistance at special events, traffic or crowd
control, and administrative or clerical assistance. A reserve
officer's duties do not include enforcement of the general
criminal laws of the state, and the officer does not have full
powers of arrest or authorization to carry a firearm on duty.
(h) "Law enforcement agency" means:
(1) a unit of state or local government that is authorized
by law to grant full powers of arrest and to charge a person
with the duties of preventing and detecting crime and enforcing
the general criminal laws of the state; and
(2) subject to the limitations in section 626.93, a law
enforcement agency of a federally recognized tribe, as defined
in United States Code, title 25, section 450b(e).
(i) "Professional peace officer education" means a
postsecondary degree program, or a nondegree program for persons
who already have a college degree, that is offered by a college
or university in Minnesota, designed for persons seeking
licensure as a peace officer, and approved by the board.
Sec. 12. [REPEALER.]
Minnesota Statutes 2002, section 45.0135, subdivisions 1
and 2, are repealed.
Sec. 13. [EFFECTIVE DATE.]
Sections 1 to 12 are effective the day following final
enactment.
ARTICLE 2
AUTO THEFT PREVENTION
Section 1. Minnesota Statutes 2002, section 299A.75,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM DESCRIBED; COMMISSIONER'S DUTIES.]
(a) The commissioner of public safety commerce shall:
(1) develop and sponsor the implementation of statewide
plans, programs, and strategies to combat automobile theft,
improve the administration of the automobile theft laws, and
provide a forum for identification of critical problems for
those persons dealing with automobile theft;
(2) coordinate the development, adoption, and
implementation of plans, programs, and strategies relating to
interagency and intergovernmental cooperation with respect to
automobile theft enforcement;
(3) annually audit the plans and programs that have been
funded in whole or in part to evaluate the effectiveness of the
plans and programs and withdraw funding should the commissioner
determine that a plan or program is ineffective or is no longer
in need of further financial support from the fund;
(4) develop a plan of operation including:
(i) an assessment of the scope of the problem of automobile
theft, including areas of the state where the problem is
greatest;
(ii) an analysis of various methods of combating the
problem of automobile theft;
(iii) a plan for providing financial support to combat
automobile theft;
(iv) a plan for eliminating car hijacking; and
(v) an estimate of the funds required to implement the
plan; and
(5) distribute money, in consultation with the commissioner
of public safety, pursuant to subdivision 3 from the automobile
theft prevention special revenue account for automobile theft
prevention activities, including:
(i) paying the administrative costs of the program;
(ii) providing financial support to the State Patrol and
local law enforcement agencies for automobile theft enforcement
teams;
(iii) providing financial support to state or local law
enforcement agencies for programs designed to reduce the
incidence of automobile theft and for improved equipment and
techniques for responding to automobile thefts;
(iv) providing financial support to local prosecutors for
programs designed to reduce the incidence of automobile theft;
(v) providing financial support to judicial agencies for
programs designed to reduce the incidence of automobile theft;
(vi) providing financial support for neighborhood or
community organizations or business organizations for programs
designed to reduce the incidence of automobile theft and to
educate people about the common methods of automobile theft, the
models of automobiles most likely to be stolen, and the times
and places automobile theft is most likely to occur; and
(vii) providing financial support for automobile theft
educational and training programs for state and local law
enforcement officials, driver and vehicle services exam and
inspections staff, and members of the judiciary.
(b) The commissioner may not spend in any fiscal year more
than ten percent of the money in the fund for the program's
administrative and operating costs. The commissioner is
annually appropriated and must distribute the amount of the
proceeds credited to the automobile theft prevention special
revenue account each year, less the transfer of $1,300,000 each
year to the general fund described in section 168A.40,
subdivision 4.
Sec. 2. Minnesota Statutes 2002, section 299A.75,
subdivision 2, is amended to read:
Subd. 2. [ANNUAL REPORT.] By January 15 of each year, the
commissioner shall report to the governor and legislature the
chairs and ranking minority members of the house and senate
committees having jurisdiction over the Departments of Commerce
and Public Safety on the activities and expenditures in the
preceding year.
Sec. 3. Minnesota Statutes 2002, section 299A.75,
subdivision 3, is amended to read:
Subd. 3. [GRANT CRITERIA; APPLICATION.] (a) A county
attorney's office, law enforcement agency, neighborhood
organization, community organization, or business organization
may apply for a grant under this section. Multiple offices or
agencies within a county may apply for a grant under this
section.
(b) The commissioner, in consultation with the commissioner
of public safety, must develop criteria for the fair
distribution of grants from the automobile theft prevention
account that address the following factors:
(1) the number of reported automobile thefts per capita in
a city, county, or region, not merely the total number of
automobile thefts;
(2) the population of the jurisdiction of the applicant
office or agency;
(3) the total funds distributed within a county or region;
and
(4) the statewide interest in automobile theft reduction.
(c) The commissioner may give priority to:
(1) offices and agencies engaged in a collaborative effort
to reduce automobile theft; and
(2) counties or regions with the greatest rates of
automobile theft.
(d) The minimum amount of a grant award is $5,000. After
considering the automobile theft rate and total population of an
applicant's jurisdiction, if a grant award, as determined under
the criteria and priorities in this subdivision, would be less
than $5,000, it must not be awarded.
Sec. 4. [TRANSFER OF POWERS.]
The powers and duties of the Department of Public Safety
under Minnesota Statutes, section 299A.75, are transferred to
the Department of Commerce. Minnesota Statutes, section 15.039,
applies to this transfer of powers.
Sec. 5. [REVISOR INSTRUCTION.]
The revisor of statutes shall recodify Minnesota Statutes,
section 299A.75, into a chapter of Minnesota Statutes dealing
with the Department of Commerce.
Sec. 6. [EFFECTIVE DATE.]
This article is effective July 1, 2004.
ARTICLE 3
BARBERS AND COSMETOLOGISTS
Section 1. Minnesota Statutes 2003 Supplement, section
116J.70, subdivision 2a, is amended to read:
Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or
"license" does not include the following:
(1) any occupational license or registration issued by a
licensing board listed in section 214.01 or any occupational
registration issued by the commissioner of health pursuant to
section 214.13;
(2) any license issued by a county, home rule charter city,
statutory city, township, or other political subdivision;
(3) any license required to practice the following
occupation regulated by the following sections:
(i) abstracters regulated pursuant to chapter 386;
(ii) accountants regulated pursuant to chapter 326A;
(iii) adjusters regulated pursuant to chapter 72B;
(iv) architects regulated pursuant to chapter 326;
(v) assessors regulated pursuant to chapter 270;
(vi) athletic trainers regulated pursuant to chapter 148;
(vii) attorneys regulated pursuant to chapter 481;
(viii) auctioneers regulated pursuant to chapter 330;
(ix) barbers and cosmetologists regulated pursuant to
chapter 154;
(x) beauticians regulated pursuant to chapter 155A;
(xi) boiler operators regulated pursuant to chapter 183;
(xii) (xi) chiropractors regulated pursuant to chapter 148;
(xiii) (xii) collection agencies regulated pursuant to
chapter 332;
(xiv) cosmetologists regulated pursuant to chapter 155A;
(xv) (xiii) dentists, registered dental assistants, and
dental hygienists regulated pursuant to chapter 150A;
(xvi) (xiv) detectives regulated pursuant to chapter 326;
(xvii) (xv) electricians regulated pursuant to chapter 326;
(xviii) (xvi) mortuary science practitioners regulated
pursuant to chapter 149A;
(xix) (xvii) engineers regulated pursuant to chapter 326;
(xx) (xviii) insurance brokers and salespersons regulated
pursuant to chapter 60A;
(xxi) (xix) certified interior designers regulated pursuant
to chapter 326;
(xxii) (xx) midwives regulated pursuant to chapter 147D;
(xxiii) (xxi) nursing home administrators regulated
pursuant to chapter 144A;
(xxiv) (xxii) optometrists regulated pursuant to chapter
148;
(xxv) (xxiii) osteopathic physicians regulated pursuant to
chapter 147;
(xxvi) (xxiv) pharmacists regulated pursuant to chapter
151;
(xxvii) (xxv) physical therapists regulated pursuant to
chapter 148;
(xxviii) (xxvi) physician assistants regulated pursuant to
chapter 147A;
(xxix) (xxvii) physicians and surgeons regulated pursuant
to chapter 147;
(xxx) (xxviii) plumbers regulated pursuant to chapter 326;
(xxxi) (xxix) podiatrists regulated pursuant to chapter
153;
(xxxii) (xxx) practical nurses regulated pursuant to
chapter 148;
(xxxiii) (xxxi) professional fund-raisers regulated
pursuant to chapter 309;
(xxxiv) (xxxii) psychologists regulated pursuant to chapter
148;
(xxxv) (xxxiii) real estate brokers, salespersons, and
others regulated pursuant to chapters 82 and 83;
(xxxvi) (xxxiv) registered nurses regulated pursuant to
chapter 148;
(xxxvii) (xxxv) securities brokers, dealers, agents, and
investment advisers regulated pursuant to chapter 80A;
(xxxviii) (xxxvi) steamfitters regulated pursuant to
chapter 326;
(xxxix) (xxxvii) teachers and supervisory and support
personnel regulated pursuant to chapter 125;
(xl) (xxxviii) veterinarians regulated pursuant to chapter
156;
(xli) (xxxix) water conditioning contractors and installers
regulated pursuant to chapter 326;
(xlii) (xl) water well contractors regulated pursuant to
chapter 103I;
(xliii) (xli) water and waste treatment operators regulated
pursuant to chapter 115;
(xliv) (xlii) motor carriers regulated pursuant to chapter
221;
(xlv) (xliii) professional firms regulated under chapter
319B;
(xlvi) (xliv) real estate appraisers regulated pursuant to
chapter 82B;
(xlvii) (xlv) residential building contractors, residential
remodelers, residential roofers, manufactured home installers,
and specialty contractors regulated pursuant to chapter 326;
(xlviii) (xlvi) licensed professional counselors regulated
pursuant to chapter 148B;
(4) any driver's license required pursuant to chapter 171;
(5) any aircraft license required pursuant to chapter 360;
(6) any watercraft license required pursuant to chapter
86B;
(7) any license, permit, registration, certification, or
other approval pertaining to a regulatory or management program
related to the protection, conservation, or use of or
interference with the resources of land, air, or water, which is
required to be obtained from a state agency or instrumentality;
and
(8) any pollution control rule or standard established by
the Pollution Control Agency or any health rule or standard
established by the commissioner of health or any licensing rule
or standard established by the commissioner of human services.
Sec. 2. Minnesota Statutes 2002, 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 sections 154.01 to 154.26 by the
Board of Barber and Cosmetologist Examiners.
(b) No person shall serve, offer to serve, or attempt to
serve as 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 sections 154.01 to 154.26 by the Board of Barber
and Cosmetologist 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) 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 sections 154.01 to 154.26 by the Board of Barber and
Cosmetologist 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
sections 154.01 to 154.26 by the Board of Barber and
Cosmetologist 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
sections 154.01 to 154.26 by the Board of Barber and
Cosmetologist Examiners.
Sec. 3. Minnesota Statutes 2002, section 154.02, is
amended to read:
154.02 [WHAT CONSTITUTES BARBERING.]
Any one or any combination of the following practices when
done upon the head and neck for cosmetic purposes and not for
the treatment of disease or physical or mental ailments and when
done for payment directly or indirectly or without payment for
the public generally constitutes the practice of barbering
within the meaning of this chapter sections 154.01 to 154.26:
to shave, trim the beard, cut or bob the hair of any person of
either sex for compensation or other reward received by the
person performing such service or any other person; to give
facial and scalp massage or treatments with oils, creams,
lotions, or other preparations either by hand or mechanical
appliances; to singe, shampoo the hair, or apply hair tonics; or
to apply cosmetic preparations, antiseptics, powders, oils,
clays, or lotions to scalp, face, or neck.
Sec. 4. Minnesota Statutes 2002, section 154.03, is
amended to read:
154.03 [APPRENTICES MAY BE EMPLOYED.]
A registered apprentice may practice 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 sections 154.01 to 154.26 and the rules of the
board.
Sec. 5. Minnesota Statutes 2002, section 154.04, is
amended to read:
154.04 [PERSONS EXEMPT FROM REGISTRATION.]
The following persons are exempt from the provisions of
this chapter sections 154.01 to 154.26 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 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 cosmetologists,
provided, however, that persons practicing beauty culture
cosmetologists shall not hold themselves out as barbers or,
except in the case of manicurists, practice their occupation in
a barber shop; and
(5) persons who perform barbering services for charitable
purposes in nursing homes, shelters, missions, or other similar
facilities, provided, however, that no direct or indirect
compensation is received for the services, and that persons who
receive barbering services are not charged for the services.
Sec. 6. Minnesota Statutes 2002, 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 has graduated from a barber school approved by the
board; and
(3) who has passed 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 the examination conducted by
the board is required to complete a further course of study of
at least 500 hours, of not more than eight hours in any one
working day, in a barber school approved by the board.
A certificate of registration of an apprentice shall be
valid for four years from the date the certificate of
registration is issued by the board and shall not be renewed.
During such the 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 sections 154.01 to 154.26, including the payment of an
annual fee, and the rules of the board.
If any a registered apprentice shall, during the term in
which the certificate of registration is in effect, enter full
time enters full-time active duty in the armed forces of the
United States of America, the expiration date of the certificate
of registration shall be extended by a period of time equal to
the period or periods of active duty.
Sec. 7. Minnesota Statutes 2002, section 154.07, as
amended by Laws 2003, chapter 130, section 12, is amended to
read:
154.07 [BARBER SCHOOLS; REQUIREMENTS.]
Subdivision 1. [ADMISSION REQUIREMENTS; COURSE OF
INSTRUCTION.] No barber school shall be approved by the board
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 commissioner 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 at least 1,500 hours,
of not more than eight hours in any one working day; such. The
course of instruction to must 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, and
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.
Subd. 3. [COSTS.] It shall be is permissible for barber
schools to make a reasonable charge for materials used and
services rendered by students for work done in such the schools
by students.
Subd. 3a. [NUMBER OF INSTRUCTORS.] There shall must be one
registered instructor of barbering for every 17 students or
minor fraction in excess of 17. No Instruction shall must not
be performed by persons not possessing a certificate of
registration as an instructor of barbering or a temporary permit
as an instructor of barbering.
Subd. 4. [BUILDING REQUIREMENTS.] Each barber school shall
must be conducted and operated in one building, or in connecting
buildings, and no a barber school shall must not have any
department or branch in a building completely separated or
removed from the remainder of the barber school.
Subd. 5. [OWNER'S REQUIREMENTS.] Any person may own and
operate a barber school if the person has had six years'
continuous experience as a barber, provided the person first
secures from the board an annual certificate of registration as
a barber school, keeps it prominently displayed, and before
commencing business:
(1) files with the secretary of state a bond to the state
approved by the attorney general in the sum of $25,000,
conditioned upon the faithful compliance of the barber school
with all the provisions herein sections 154.01 to 154.26, 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; and
(2) keeps prominently displayed on the exterior a
substantial sign 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 forms for that purpose furnished by the
board.
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.
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 secures
from the board of Barber Examiners an annual certificate of
registration and does so in accordance with this chapter
sections 154.01 to 154.26 and the rules of the board for barber
schools but without the requirement to file a performance bond
with the secretary of state.
Sec. 8. Minnesota Statutes 2002, section 154.08, is
amended to read:
154.08 [APPLICATION; FEE.]
Each applicant for an examination shall:
(1) make application to the Board of Barber and
Cosmetologist Examiners on blank forms prepared and furnished by
it, such the application to contain proof under the applicant's
oath of the particular qualifications of the applicant;
(2) furnish to the board two five inch x three inch signed
photographs of the applicant, one to accompany the application
and one to be returned to the applicant, to be presented to the
board when the applicant appears for examination; and
(3) pay to the board the required fee.
Sec. 9. Minnesota Statutes 2002, section 154.11, is
amended to read:
154.11 [EXAMINATION OF NONRESIDENT BARBERS AND INSTRUCTORS
OF BARBERING; TEMPORARY APPRENTICE PERMITS.]
Subdivision 1. [EXAMINATION OF NONRESIDENTS.] A person who
meets all of the requirements for licensure barber registration
in this chapter sections 154.01 to 154.26 and either has a
license, 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
sections 154.01 to 154.26 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 issued a certificate of registration without
examination, provided that the other state or country grants the
same privileges to holders of Minnesota certificates of
registration.
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 sections 154.01 to 154.26 and the
rules adopted by the board under it those sections concerning
the conduct and obligations of registered apprentices.
Sec. 10. Minnesota Statutes 2002, section 154.12, is
amended to read:
154.12 [EXAMINATION OF NONRESIDENT APPRENTICES.]
A person who meets all of the requirements for licensure
registration as a barber in this chapter sections 154.01 to
154.26 and who has a license, a certificate of registration, or
their its 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 sections 154.01 to 154.26, shall, upon payment of
the required fee, be issued a certificate of registration
without examination, provided that the other state or country
grants the same privileges to holders of Minnesota certificates
of registration.
Sec. 11. Minnesota Statutes 2002, section 154.161,
subdivision 2, is amended to read:
Subd. 2. [LEGAL ACTIONS.] (a) When necessary to prevent an
imminent violation of a statute, rule, or order that the board
has adopted or issued or is empowered to enforce, the board, or
a complaint committee if authorized by the board, may bring an
action in the name of the state in the District Court of Ramsey
County in which jurisdiction is proper to enjoin the act or
practice and to enforce compliance with the statute, rule, or
order. On a showing that a person has engaged in or is about to
engage in an act or practice that constitutes a violation of a
statute, rule, or order that the board has adopted or issued or
is empowered to enforce, the court shall grant a permanent or
temporary injunction, restraining order, or other appropriate
relief.
(b) For purposes of injunctive relief under this
subdivision, irreparable harm exists when the board shows that a
person has engaged in or is about to engage in an act or
practice that constitutes violation of a statute, rule, or order
that the board has adopted or issued or is empowered to enforce.
(c) Injunctive relief granted under paragraph (a) does not
relieve an enjoined person from criminal prosecution by a
competent authority, or from action by the board under
subdivision 3, 4, 5, or 6 with respect to the person's
license registration, certificate, or application for
examination, license registration, or renewal.
Sec. 12. Minnesota Statutes 2002, section 154.161,
subdivision 4, is amended to read:
Subd. 4. [LICENSE REGISTRATION ACTIONS.] (a) With respect
to a person who is a holder of or applicant for a licensee
registration or a shop registration card under this chapter
sections 154.01 to 154.26, the board may by order deny, refuse
to renew, suspend, temporarily suspend, or revoke the
application, certificate of registration, or shop registration
card, censure or reprimand the person, refuse to permit the
person to sit for examination, or refuse to release the person's
examination grades, if the board finds that such an order is in
the public interest and that, based on a preponderance of the
evidence presented, the person has:
(1) violated a statute, rule, or order that the board has
adopted or issued or is empowered to enforce;
(2) engaged in conduct or acts that are fraudulent,
deceptive, or dishonest, whether or not the conduct or acts
relate to the practice of barbering, if the fraudulent,
deceptive, or dishonest conduct or acts reflect adversely on the
person's ability or fitness to engage in the practice of
barbering;
(3) engaged in conduct or acts that constitute malpractice,
are negligent, demonstrate incompetence, or are otherwise in
violation of the standards in the rules of the board, where the
conduct or acts relate to the practice of barbering;
(4) employed fraud or deception in obtaining a certificate
of registration, shop registration card, renewal, or
reinstatement, or in passing all or a portion of the
examination;
(5) had a certificate of registration or shop registration
card, right to examine, or other similar authority revoked in
another jurisdiction;
(6) failed to meet any requirement for issuance or renewal
of the person's certificate of registration or shop registration
card;
(7) practiced as a barber while having an infectious or
contagious disease;
(8) advertised by means of false or deceptive statements;
(9) demonstrated intoxication or indulgence in the use of
drugs, including but not limited to narcotics as defined in
section 152.01 or in United States Code, title 26, section 4731,
barbiturates, amphetamines, benzedrine, dexedrine, or other
sedatives, depressants, stimulants, or tranquilizers;
(10) demonstrated unprofessional conduct or practice;
(11) permitted an employee or other person under the
person's supervision or control to practice as a registered
barber, registered apprentice, or registered instructor of
barbering unless that person has (i) a current certificate of
registration as a registered barber, registered apprentice, or
registered instructor of barbering, (ii) a temporary apprentice
permit, or (iii) a temporary permit as an instructor of
barbering;
(12) practices, offered to practice, or attempted to
practice by misrepresentation;
(13) failed to display a certificate of registration as
required by section 154.14;
(14) used any room or place of barbering that is also used
for any other purpose, or used any room or place of barbering
that violates the board's rules governing sanitation;
(15) in the case of a 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, failed to
use separate and clean towels for each customer or patron, or to
discard and launder each towel after being used once;
(16) in the case of a barber or other person in charge of
any barber shop or barber school, (i) failed to supply in a
sanitary manner clean hot and cold water in quantities necessary
to conduct the shop or barbering service for the school, (ii)
failed to have water and sewer connections from the shop or
barber school with municipal water and sewer systems where they
are available for use, or (iii) failed or refused to maintain a
receptacle for hot water of a capacity of at least five gallons;
(17) refused to permit the board to make an inspection
permitted or required by this chapter sections 154.01 to 154.26,
or failed to provide the board or the attorney general on behalf
of the board with any documents or records they request;
(18) failed promptly to renew a certificate of registration
or shop registration card when remaining in practice, pay the
required fee, or issue a worthless check;
(19) failed to supervise a registered apprentice or
temporary apprentice, or permitted the practice of barbering by
a person not registered with the board or not holding a
temporary permit;
(20) refused to serve a customer because of race, color,
creed, religion, disability, national origin, or sex;
(21) failed to comply with a provision of chapter 141 or a
provision of another chapter that relates to barber schools; or
(22) with respect to temporary suspension orders, has
committed an act, engaged in conduct, or committed practices
that the board, or complaint committee if authorized by the
board, has determined may result or may have resulted in an
immediate threat to the public.
(b) In lieu of or in addition to any remedy under paragraph
(a), the board may as a condition of continued registration,
termination of suspension, reinstatement of registration,
examination, or release of examination results, require that the
person:
(1) submit to a quality review of the person's ability,
skills, or quality of work, conducted in a manner and by a
person or entity that the board determines; or
(2) complete to the board's satisfaction continuing
education as the board requires.
(c) Service of an order under this subdivision is effective
if the order is served personally on, or is served by certified
mail to the most recent address provided to the board by, the
licensee, certificate holder, applicant, or counsel of record.
The order must state the reason for the entry of the order.
(d) Except as provided in subdivision 5, paragraph (c), all
hearings under this subdivision must be conducted in accordance
with the Administrative Procedure Act.
Sec. 13. Minnesota Statutes 2002, section 154.161,
subdivision 5, is amended to read:
Subd. 5. [TEMPORARY SUSPENSION.] (a) When the board, or
complaint committee if authorized by the board, issues a
temporary suspension order, the suspension provided for in the
order is effective on service of a written copy of the order on
the licensee, certificate holder, or counsel of record. The
order must specify the statute, rule, or order violated by the
licensee or certificate holder. The order remains in effect
until the board issues a final order in the matter after a
hearing, or on agreement between the board and the licensee or
certificate holder.
(b) An order under this subdivision may (1) prohibit the
licensee or certificate holder from engaging in the practice of
barbering in whole or in part, as the facts require, and (2)
condition the termination of the suspension on compliance with a
statute, rule, or order that the board has adopted or issued or
is empowered to enforce. The order must state the reasons for
entering the order and must set forth the right to a hearing as
provided in this subdivision.
(c) Within ten days after service of an order under this
subdivision the licensee or certificate holder may request a
hearing in writing. The board must hold a hearing before its
own members within five working days of the request for a
hearing. The sole issue at such a hearing must be whether there
is a reasonable basis to continue, modify, or terminate the
temporary suspension. The hearing is not subject to the
Administrative Procedure Act. Evidence presented to the board
or the licensee or certificate holder may be in affidavit form
only. The licensee, certificate holder, or counsel of record
may appear for oral argument.
(d) Within five working days after the hearing, the board
shall issue its order and, if the order continues the
suspension, shall schedule a contested case hearing within 30
days of the issuance of the order. Notwithstanding any rule to
the contrary, the administrative law judge shall issue a report
within 30 days after the closing of the contested case hearing
record. The board shall issue a final order within 30 days of
receiving the report.
Sec. 14. Minnesota Statutes 2002, section 154.161,
subdivision 7, is amended to read:
Subd. 7. [REINSTATEMENT.] The board may reinstate a
suspended, revoked, or surrendered certificate of registration
or shop registration card, on petition of the former or
suspended registrant. The board may in its sole discretion
place any conditions on reinstatement of a suspended, revoked,
or surrendered certificate of registration or shop registration
card that it finds appropriate and necessary to ensure that the
purposes of this chapter sections 154.01 to 154.26 are met. No
certificate of registration or shop registration card may be
reinstated until the former registrant has completed at least
one-half of the suspension period.
Sec. 15. Minnesota Statutes 2002, section 154.18, is
amended to read:
154.18 [FEES.]
(a) The fees collected, as required in this chapter,
chapter 214, and the rules of the board, shall be paid in
advance by September 1 of the year in which they are due to the
executive secretary of the board. The executive secretary shall
deposit the fees in the general fund 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.
(b) The board shall charge the following fees:
(1) examination and certificate, registered barber, $65;
(2) examination and certificate, apprentice, $60;
(3) examination, instructor, $160;
(4) certificate, instructor, $45;
(5) temporary teacher or apprentice permit, $50;
(6) renewal of license, registered barber, $50;
(7) renewal of license, apprentice, $45;
(8) renewal of license, instructor, $60;
(9) renewal of temporary teacher permit, $35;
(10) student permit, $25;
(11) initial shop registration, $60;
(12) initial school registration, $1,010;
(13) renewal shop registration, $60;
(14) renewal school registration, $260;
(15) restoration of registered barber license, $75;
(16) restoration of apprentice license, $70;
(17) restoration of shop registration, $85;
(18) change of ownership or location, $35;
(19) duplicate license, $20; and
(20) home study course, $75.
Sec. 16. Minnesota Statutes 2002, section 154.19, is
amended to read:
154.19 [VIOLATIONS.]
Each of the following constitutes a misdemeanor:
(1) The violation of any of the provisions of section
154.01;
(2) Permitting any person in one's employ, supervision, or
control to practice as a registered barber or registered
apprentice unless that person has a certificate of registration
as a registered barber or registered apprentice;
(3) Obtaining or attempting to obtain a certificate of
registration for money other than the required fee, or any other
thing of value, or by fraudulent misrepresentation;
(4) Practicing or attempting to practice by fraudulent
misrepresentation;
(5) The willful failure to display a certificate of
registration as required by section 154.14;
(6) The use of any room or place for barbering which is
also used for residential or business purposes, except the sale
of hair tonics, lotions, creams, cutlery, toilet articles,
cigars, tobacco, candies in original package, and such
commodities as are used and sold in barber shops, and except
that shoe-shining and an agency for the reception and delivery
of laundry, or either, may be conducted in a barber shop without
the same being construed as a violation of this section, unless
a substantial partition of ceiling height separates the portion
used for residential or business purposes, and where a barber
shop is situated in a residence, poolroom, confectionery, store,
restaurant, garage, clothing store, liquor store, hardware
store, or soft drink parlor, there must be an outside entrance
leading into the barber shop independent of any entrance leading
into such business establishment, except that this provision as
to an outside entrance shall not apply to barber shops in
operation at the time of the passage of this chapter section and
except that a barber shop and beauty parlor may be operated in
conjunction, without the same being separated by partition of
ceiling height;
(7) The failure or refusal of any barber or other person in
charge of any barber shop, or any person in barber schools or
colleges doing barber service work, to use separate and clean
towels for each customer or patron, or to discard and launder
each towel after once being used;
(8) The failure or refusal by any barber or other person in
charge of any barber shop or barber school or barber college to
supply clean hot and cold water in such quantities as may be
necessary to conduct such shop, or the barbering service of such
school or college, in a sanitary manner, or the failure or
refusal of any such person to have water and sewer connections
from such shop, or barber school or college, with municipal
water and sewer systems where the latter are available for use,
or the failure or refusal of any such person to maintain a
receptacle for hot water of a capacity of not less than five
gallons;
(9) For the purposes of this chapter sections 154.01 to
154.26, barbers, students, apprentices, or the proprietor or
manager of a barber shop, or barber school or barber college,
shall be responsible for all violations of the sanitary
provisions of this chapter sections 154.01 to 154.26, and if any
barber shop, or barber school or barber college, upon
inspection, shall be found to be in an unsanitary condition, the
person making such inspection shall immediately issue an order
to place the barber shop, or barber school, or barber college,
in a sanitary condition, in a manner and within a time
satisfactory to the Board of Barber and Cosmetologist Examiners,
and for the failure to comply with such order the board shall
immediately file a complaint for the arrest of the persons upon
whom the order was issued, and any licensed registered barber
who shall fail to comply with the rules adopted by the Board of
Barber and Cosmetologist Examiners, with the approval of the
state commissioner of health, or the violation or commission of
any of the offenses described in section 154.16, clauses (1),
(2), (3), (4), (5), (6), (7), (8), (9), and of clauses (1), (2),
(3), (4), (5), (6), (7), (8), and (9) of this section, shall be
fined not less than $10 or imprisoned for ten days and not more
than $100 or imprisoned for 90 days.
Sec. 17. Minnesota Statutes 2002, section 154.21, is
amended to read:
154.21 [PERJURY.]
The willful making of any false statement as to a material
matter in any oath or affidavit which is required by the
provisions of this chapter sections 154.01 to 154.26 is perjury
and punishable as such.
Sec. 18. Minnesota Statutes 2002, section 154.22, is
amended to read:
154.22 [BOARD OF BARBER AND COSMETOLOGIST EXAMINERS
CREATED; TERMS.]
(a) A Board of Barber and Cosmetologist Examiners is
established to consist of four three barber members, three
cosmetologist members, and one public member, as defined in
section 214.02, appointed by the governor. Three of such
(b) The barber members shall be persons who have practiced
as a registered barber barbers 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 equivalent
education, and shall have knowledge of the matters to be taught
in registered barber schools, 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 that has existed at least two years, and one
shall be a member of, or recommended by, a professional
organization of barbers.
(c) All members must be currently licensed in the state of
Minnesota, have practiced in the licensed occupation for at
least five years immediately prior to their appointment, be
graduates from the 12th grade of high school or have equivalent
education, and have knowledge of sections 155A.01 to 155A.16 and
Minnesota Rules, chapters 2642 and 2644. The members shall be
members of, or recommended by, a professional organization of
cosmetologists, manicurists, or estheticians.
(d) 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.
(e) Members appointed to fill vacancies caused by death,
resignation, or removal shall serve during the unexpired term of
their predecessors.
(f) The barber members of the board shall separately
oversee administration, enforcement, and regulation of, and
adoption of rules under, sections 154.01 to 154.26. The
cosmetologist members of the board shall separately oversee
administration, enforcement, and regulation of, and adoption of
rules under, sections 155A.01 to 155A.16. Staff hired by the
board, including inspectors, shall serve both professions.
Sec. 19. Minnesota Statutes 2002, section 154.23, is
amended to read:
154.23 [OFFICERS; COMPENSATION; FEES; EXPENSES.]
The Board of Barber and Cosmetologist Examiners shall
annually elect a chair and secretary. It shall adopt and use a
common seal for the authentication of its orders and records.
The board shall appoint an executive secretary who shall not be
a member of the board and who shall be in the unclassified civil
service.
The executive secretary shall keep a record of all
proceedings of the board. The expenses of administering
sections 154.01 to 154.26 this chapter shall be paid from the
appropriations made to the Board of Barber and Cosmetologist
Examiners.
Each member of the board shall take the oath provided by
law for public officers.
A majority of the board, in meeting assembled, may perform
and exercise all the duties and powers devolving upon the board.
The members of the board shall receive compensation for
each day spent on board activities, but not to exceed 20 days in
any calendar month nor 100 days in any calendar year.
The board shall have authority to employ such inspectors,
clerks, deputies, and other assistants as it may deem necessary
to carry out the provisions of this chapter.
Sec. 20. Minnesota Statutes 2002, section 154.24, is
amended to read:
154.24 [RULES.]
The Board of Barber and Cosmetologist Examiners shall have
authority to make reasonable rules for the administration of the
provisions of this chapter sections 154.01 to 154.26 and
prescribe sanitary requirements for barber shops and barber
schools, subject to the approval of the state commissioner of
health. Any member of the board, or its agents or assistants,
shall have authority to enter upon and to inspect any barber
shop or barber school at any time during business hours. A copy
of the rules adopted by the board shall be furnished by it to
the owner or manager of each barber shop or barber school and
such copy shall be posted in a conspicuous place in such barber
shop or barber school.
The board shall keep a record of its proceedings relating
to the issuance, refusal, renewal, suspension, and revocation of
certificates of registration. This record shall contain the
name, place of business and residence of each registered barber
and registered apprentice, and the date and number of the
certificate of registration. This record shall be open to
public inspection at all reasonable times.
Sec. 21. Minnesota Statutes 2002, section 154.25, is
amended to read:
154.25 [NOT TO SERVE CERTAIN PERSONS.]
No person practicing the occupation of a barber in any
barber shop, barber school, or college in this state shall
knowingly serve a person afflicted, in a dangerous or infectious
state of the disease, with erysipelas, eczema, impetigo,
sycosis, tuberculosis, or any other contagious or infectious
disease. Any person so afflicted is hereby prohibited from
being served in any barber shop, barber school, or college in
this state. Any violation of this section shall be considered a
misdemeanor as provided for in this chapter sections 154.01 to
154.26.
Sec. 22. Minnesota Statutes 2002, section 155A.01, is
amended to read:
155A.01 [POLICY.]
The legislature finds that the health and safety of the
people of the state are served by the licensing of the practice
of cosmetology because of the use of chemicals, apparatus, and
other appliances requiring special skills and education.
To this end, the public will best be served by vesting
these responsibilities in the commissioner of commerce Board of
Barber and Cosmetologist Examiners.
Sec. 23. Minnesota Statutes 2002, section 155A.02, is
amended to read:
155A.02 [PROHIBITION; LIMITATION.]
It shall be unlawful for any person to engage in
cosmetology, or to conduct or operate a cosmetology school or
salon, except as hereinafter provided in sections 155A.03 to
155A.16.
Sec. 24. Minnesota Statutes 2002, section 155A.03,
subdivision 1, is amended to read:
Subdivision 1. [TERMS.] For purposes of this chapter
sections 155A.03 to 155A.26, and unless the context clearly
requires otherwise, the words defined in this section have the
meanings given them.
Sec. 25. Minnesota Statutes 2002, section 155A.03, is
amended by adding a subdivision to read:
Subd. 1a. [BOARD.] "Board" means the Board of Barber and
Cosmetologist Examiners.
Sec. 26. Minnesota Statutes 2002, section 155A.03,
subdivision 2, is amended to read:
Subd. 2. [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, and feet, except where these services are performed by a
licensed barber under chapter 154 sections 154.01 to 154.26.
Sec. 27. Minnesota Statutes 2002, section 155A.03, is
amended by adding a subdivision to read:
Subd. 4a. [LICENSED PRACTICE.] "Licensed practice" means
the practice of cosmetology in a licensed salon or the practice
of an esthetician in a licensed physician's office.
Sec. 28. Minnesota Statutes 2002, section 155A.03,
subdivision 7, is amended to read:
Subd. 7. [SALON.] A "salon" is an area, room, or rooms
employed to offer personal services, as defined in subdivision 2.
"Salon" does not include the home of a customer but the
commissioner board may adopt health and sanitation rules
governing practice in the homes of customers.
Sec. 29. Minnesota Statutes 2002, section 155A.045,
subdivision 1, is amended to read:
Subdivision 1. [SCHEDULE.] The fee schedule for licensees
is as follows:
(a) Three-year license fees:
(1) cosmetologist, manicurist, esthetician, $45 $90 for
each initial license, and $30 $60 for each renewal;
(2) instructor, manager, $60 $120 for each initial license,
and $45 $90 for each renewal;
(3) licensed physician's office, $130 for each initial
license, and $100 for each renewal;
(4) salon, $65 $130 for each initial license, and
$50 $100 for each renewal; and
(4) (5) school, $750 $1,500.
(b) Penalties:
(1) reinspection fee, variable; and
(2) manager with lapsed practitioner, $25.
(c) Administrative fees:
(1) certificate of identification, $20; and
(2) school original application, $150.
(d) All fees established in this subdivision must be paid
to the executive secretary of the board on or before September 1
of the year in which they become due. The executive secretary
of the board shall deposit the fees in the general fund 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. 30. Minnesota Statutes 2002, section 155A.05, is
amended to read:
155A.05 [RULES.]
The commissioner board may develop and adopt rules
according to chapter 14 that the commissioner board considers
necessary to carry out this chapter sections 155A.01 to 155A.16.
Sec. 31. Minnesota Statutes 2002, section 155A.07,
subdivision 2, is amended to read:
Subd. 2. [QUALIFICATIONS.] Qualifications for licensing in
each classification shall be determined by the
commissioner board and established by rule, and shall include
educational and experiential prerequisites. The rules shall
require a demonstrated knowledge of procedures necessary to
protect the health of the practitioner and the consumer of
cosmetology services, including but not limited to chemical
applications.
Sec. 32. Minnesota Statutes 2002, section 155A.07,
subdivision 8, is amended to read:
Subd. 8. [EXEMPTIONS.] Persons licensed to provide
cosmetology services in other states visiting this state for
cosmetology demonstrations shall be exempted from the licensing
provisions of this chapter sections 155A.01 to 155A.16 if
services to consumers are in the physical presence of a licensed
cosmetologist.
Sec. 33. Minnesota Statutes 2002, section 155A.07, is
amended by adding a subdivision to read:
Subd. 10. [NONRESIDENT LICENSES.] 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 the Minnesota-specific written operator
examination for cosmetologist, manicurist, or esthetician. If a
test is used to verify the qualifications of trained
cosmetologists, the test should be translated into their native
language within the limits of available resources. Licenses
shall not be issued under this subdivision for managers or
instructors.
Sec. 34. Minnesota Statutes 2002, section 155A.08,
subdivision 1, is amended to read:
Subdivision 1. [LICENSING.] Any person who offers
cosmetology services for compensation in this state shall be
licensed as a salon if not employed by another licensed salon or
as an esthetician in a licensed physician's area.
Sec. 35. Minnesota Statutes 2002, section 155A.08,
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
commissioner board by rule. In addition to those requirements,
no license shall be issued unless the commissioner board first
determines that paragraphs (a) to (e) the conditions in clauses
(1) to (5) have been satisfied:
(a) (1) compliance with all local and state laws,
particularly relating to matters of sanitation, health, and
safety;
(b) (2) the employment of a manager, as defined in section
155A.03, subdivision 6;
(c) (3) inspection and licensing prior to the commencing of
business;
(d) (4) if applicable, evidence of compliance with section
176.182; and
(e) (5) 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 commissioner board to operate a salon solely
for the performance of those personal services defined in
section 155A.03, subdivision 4, in the case of an esthetician,
or subdivision 5, in the case of a manicurist.
Sec. 36. Minnesota Statutes 2002, section 155A.08,
subdivision 3, is amended to read:
Subd. 3. [HEALTH AND SANITARY STANDARDS.] Minimum health
and sanitary standards for the operation of a salon shall be
established by rule. A salon shall not be located in a room
used for residential purposes. If a salon is in the residence
of a person practicing cosmetology, the rooms used for the
practice of cosmetology shall be completely partitioned off from
the living quarters. The salon may be inspected as often as the
commissioner board considers necessary to affirm compliance.
Sec. 37. Minnesota Statutes 2002, section 155A.09, is
amended to read:
155A.09 [SCHOOLS.]
Subdivision 1. [LICENSING.] Any person who establishes or
conducts a school in this state shall be licensed.
Subd. 2. [STANDARDS.] The commissioner board shall by rule
establish minimum standards of course content and length
specific to the educational preparation prerequisite to testing
and licensing as cosmetologist, esthetician, and manicurist.
Subd. 3. [APPLICATIONS.] Application for a license shall
be prepared on forms furnished by the commissioner board and
shall contain the following and such other information as may be
required:
(a) (1) The name of the school, together with ownership and
controlling officers, members, and managing employees and
commissioner;
(b) (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;
(c) (3) The place or places where instruction will be
given;
(d) (4) A listing of the equipment available for
instruction in each course offered;
(e) (5) The maximum enrollment to be accommodated;
(f) (6) A listing of instructors, all of whom shall be
licensed as provided in section 155A.07, 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;
(g) (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;
(h) (8) Other financial guarantees which would assure
protection of the public as determined by rule; and
(i) (9) A copy of 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 commissioner board, file with
the director board any new or amended materials which it has
distributed during the past year.
Subd. 4. [VERIFICATION OF APPLICATION.] Each application
shall be signed and certified to under oath by 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.
Subd. 5. [CONDITIONS PRECEDENT TO ISSUANCE.] No A license
shall must not be issued unless the commissioner board first
determines:
(a) that the applicant has met the requirements in clauses
(1) to (8).
(1) The applicant has must have a sound financial condition
with sufficient resources available to meet the school's
financial obligations; to refund all tuition and other charges,
within a reasonable period of time, in the event of dissolution
of the school or in the event of any justifiable claims for
refund against the school; to provide adequate service to its
students and prospective students; and for the to maintain
proper use and support of the school to be maintained;.
(b) That (2) The applicant has must have satisfactory
training facilities with sufficient tools and equipment and the
necessary number of work stations to adequately train the
students currently enrolled, and those proposed to be enrolled;.
(c) That (3) The applicant employs must employ a sufficient
number of qualified instructors trained by experience and
education to give the training contemplated;.
(d) That (4) The premises and conditions under which the
students work and study are must be sanitary, healthful, and
safe according to modern standards;.
(e) That (5) Each occupational course or program of
instruction or study shall must be of such quality and content
as to provide education and training which will adequately
prepare enrolled students for testing, licensing, and entry
level positions as a cosmetologist, esthetician, or manicurist;.
(f) Evidence of (6) The school's school must have coverage
by professional liability insurance of at least $25,000 per
incident and an accumulation of $150,000 for each premium year;.
(g) (7) The applicant shall provide evidence of the
school's compliance with section 176.182; and.
(h) (8) The applicant, except the state and its political
subdivisions as described in section 471.617, subdivision 1,
shall file with the commissioner board a continuous corporate
surety bond in the amount of $10,000, conditioned upon the
faithful performance of all contracts and agreements with
students made by the applicant. The bond shall run to the state
of Minnesota and to any person who may have a cause of action
against the applicant arising at any time after the bond is
filed and before it is canceled for breach of any contract or
agreement made by the applicant with any student. The aggregate
liability of the surety for all breaches of the conditions of
the bond shall not exceed $10,000. The surety of the bond may
cancel it upon giving 60 days' notice in writing to
the commissioner board and shall be relieved of liability for
any breach of condition occurring after the effective date of
cancellation.
Subd. 6. [FEES; RENEWALS.] (a) Applications for initial
license under this chapter sections 155A.01 to 155A.16 shall be
accompanied by a nonrefundable application fee set forth in
section 155A.045.
(b) License duration shall be three years. Each renewal
application shall be accompanied by a nonrefundable renewal fee
set forth in section 155A.045.
(c) Application for renewal of license shall be made as
provided in rules adopted by the commissioner board and on forms
supplied by the commissioner board.
Subd. 7. [INSPECTIONS.] All schools may be inspected as
often as the commissioner board considers necessary to affirm
compliance. The commissioner board shall have the authority to
assess the cost of the inspection to the school.
Subd. 8. [LIST OF LICENSED SCHOOLS; AVAILABILITY.] The
commissioner board shall maintain and make available to the
public a list of licensed schools.
Subd. 9. [SEPARATION OF SCHOOL AND PROFESSIONAL
DEPARTMENTS.] A school shall display in the entrance reception
room of its student section a sign prominently and conspicuously
indicating that all work therein is done exclusively by
students. Professional departments of a school shall be run as
entirely separate and distinct businesses and shall have
separate entrances.
Nothing contained in this chapter sections 155A.01 to
155A.16 shall prevent a school from charging for student work
done in the school to cover the cost of materials used and
expenses incurred in and for the operation of the school. All
of the student work shall be prominently and conspicuously
advertised and held forth as being student work and not
otherwise.
Subd. 10. [DISCRIMINATION PROHIBITED.] No school, duly
approved under this chapter sections 155A.01 to 155A.16, shall
refuse to teach any student, otherwise qualified, on account of
race, sex, creed, color, citizenship, national origin, or sexual
preference.
Sec. 38. Minnesota Statutes 2002, section 155A.095, is
amended to read:
155A.095 [INSPECTIONS.]
The commissioner board is responsible for inspecting salons
and schools licensed pursuant to this chapter sections 155A.01
to 155A.16 to assure compliance with the requirements of this
chapter sections 155A.01 to 155A.16. The commissioner board
shall direct department board resources first to the inspection
of those licensees who fail to meet the requirements of law,
have indicated that they present a greater risk to the public,
or have otherwise, in the opinion of the commissioner board,
demonstrated that they require a greater degree of regulatory
attention.
Sec. 39. Minnesota Statutes 2002, section 155A.10, is
amended to read:
155A.10 [DISPLAY OF LICENSE.]
(a) Every holder of a license granted by the commissioner,
board shall display it in a conspicuous place in the place of
business.
(b) Notwithstanding the provisions of paragraph (a),
nothing contained in this chapter sections 155A.01 to 155A.16
shall be construed to prohibit a person licensed to provide
cosmetology services from engaging in any practices defined
in this chapter sections 155A.01 to 155A.16 in the homes of
customers or patrons, under the sanitary and health rules
promulgated by the commissioner board.
Sec. 40. Minnesota Statutes 2002, section 155A.135, is
amended to read:
155A.135 [ENFORCEMENT.]
The provisions of section 45.027 apply to the
administration of this chapter sections 155A.01 to 155A.16.
Sec. 41. Minnesota Statutes 2002, section 155A.14, is
amended to read:
155A.14 [SERVICES EXCEPTED; EMERGENCY.]
Nothing in this chapter sections 155A.01 to 155A.16
prohibits services in cases of emergency where compensation or
other reward is not received, nor in domestic service, nor in
the practice of medicine, surgery, dentistry, podiatry,
osteopathy, chiropractic, or barbering. This section shall not
be construed to authorize any of the persons so exempted to wave
the hair, or to color, tint, or bleach the hair, in any manner.
Sec. 42. Minnesota Statutes 2002, section 155A.15, is
amended to read:
155A.15 [APPOINTMENT OF AGENT FOR SERVICE OF PROCESS.]
Any person, firm, partnership, or corporation, not a
resident of Minnesota, who engages in Minnesota in the practices
regulated in this chapter sections 155A.01 to 155A.16 shall file
with the commissioner board the name and address of a duly
authorized agent for service of legal process, which agent for
service shall be a resident of the state of Minnesota.
Sec. 43. Minnesota Statutes 2002, section 155A.16, is
amended to read:
155A.16 [VIOLATIONS; PENALTIES.]
Any person who violates any of the provisions of this
chapter sections 155A.01 to 155A.16 is guilty of a misdemeanor
and upon conviction may be sentenced to imprisonment for not
more than 90 days or fined not more than $700, or both, per
violation.
Sec. 44. [APPROPRIATION.]
$572,000 is appropriated from the general fund to the Board
of Barber and Cosmetologist Examiners for the fiscal year ending
June 30, 2005. This appropriation is in addition to the
appropriation made in Laws 2003, First Special Session chapter
1, article 3, section 5, and is added to the board's base.
Presented to the governor May 18, 2004
Signed by the governor May 29, 2004, 8:50 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes