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CHAPTER 162--S.F.No. 1762

An act

relating to cosmetology; making changes to the Board of Cosmetologist Examiners; authorizing exempt rulemaking; revises requirements for professional associations offering continuing education; revises requirements for cosmetology postsecondary schools;

amending Minnesota Statutes 2012, sections 155A.23, subdivision 6; 155A.275, subdivision 1; 155A.29, subdivisions 1, 3, by adding a subdivision; 155A.30, subdivision 1, by adding a subdivision; 155A.32; 155A.33, subdivision 4; Minnesota Statutes 2013 Supplement, sections 155A.20; 155A.25, subdivision 4; 155A.27, subdivision 10; 155A.271, subdivision 2; repealing Minnesota Statutes 2012, sections 155A.24, subdivisions 3, 4; 155A.27, subdivision 3.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 155A.20, is amended to read:

155A.20 BOARD OF COSMETOLOGIST EXAMINERS CREATED; TERMS.

(a) A Board of Cosmetologist Examiners is established to consist of deleted text begin three cosmetologistdeleted text end new text begin sevennew text end members deleted text begin and one public member, as defined in section 214.02, appointed by the governor.deleted text end new text begin , appointed by the governor as follows:new text end

new text begin (1) two cosmetologists, one of whom is recommended by a professional association of cosmetologists, nail technicians, and estheticians; new text end

new text begin (2) two school instructors, one of whom is teaching at a public cosmetology school in the state and one of whom is teaching at a private cosmetology school in the state; new text end

new text begin (3) one esthetician; new text end

new text begin (4) one nail technician; and new text end

new text begin (5) one public member, as defined in section 214.02. new text end

(b) All cosmetologistnew text begin , esthetician, and nail techniciannew text end members must be currently licensed in the field of cosmetology, nail technology, or esthetology, in Minnesota, have practiced in the licensed occupation for at least five years immediately prior to their appointment, be graduates from grade 12 of high school or have equivalent education, and have knowledge of sections 155A.21 to 155A.36 and Minnesota Rules, chapters 2105 and 2110.deleted text begin The cosmetologist members shall be members of, or recommended by, a professional organization of cosmetologists, nail technicians, or estheticians.deleted text end

(c) 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.

(d) Members appointed to fill vacancies caused by death, resignation, or removal shall serve during the unexpired term of their predecessors.

Sec. 2.

Minnesota Statutes 2012, section 155A.23, subdivision 6, is amended to read:

Subd. 6.

Licensed practice.

"Licensed practice" means new text begin (1) new text end the practice of cosmetology in a licensed salon or new text begin (2) new text end the practice of an esthetician new text begin or cosmetologist employed in the office of a licensed physician new text end in connection with medical care deleted text begin in relationdeleted text end new text begin relatednew text end to esthiology deleted text begin in the office of a licensed physiciandeleted text end .

Sec. 3.

Minnesota Statutes 2013 Supplement, section 155A.25, subdivision 4, is amended to read:

Subd. 4.

License expiration date.

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

deleted text begin (1)deleted text end Individual licenses expire on the last day of the licensee's birth month of the year duedeleted text begin ; anddeleted text end new text begin .new text end

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

Sec. 4.

Minnesota Statutes 2013 Supplement, section 155A.27, subdivision 10, is amended to read:

Subd. 10.

Nonresident licenses.

(a) A nonresident cosmetologist, nail technician, 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 a board-approved theory and practice-based examination, the Minnesota-specific written operator examination for cosmetologist, nail technician, or esthetician. If a test is used to verify the qualifications of trained cosmetologists, the test should be translated into the nonresident's native language within the limits of available resources. Licenses shall not be issued under this subdivision for managers or instructors.

(b) If an individual has less than the required number of school hours, the individual must have had a current active license in another state or country for at least three years and have passed a board-approved theory and practice-based examination, deleted text begin ordeleted text end new text begin andnew text end the Minnesota-specific written operator examination for cosmetologist, nail technician, or esthetician. If a test is used to verify the qualifications of trained cosmetologists, the test should be translated into the nonresident's native language within the limits of available resources. Licenses must not be issued under this subdivision for managers or instructors.

(c) Applicants claiming training and experience in a foreign country shall supply official English-language translations of all required documents from a board-approved source.

Sec. 5.

Minnesota Statutes 2013 Supplement, section 155A.271, subdivision 2, is amended to read:

Subd. 2.

Schools and professional associations.

new text begin (a) new text end Only a board-licensed school of cosmetology, a postsecondary institution as defined in section 136A.103, paragraph (a), or a board-recognized professional association may offer continuing education curriculum for credit under this section. The school and professional association may offer online and independent study options to achieve maximum involvement of licensees and is encouraged to offer classes available in foreign language formats.

new text begin (b) Board recognition of a professional association is valid for three years and is contingent upon submission and preapproval of the general curriculum to be offered. The board may revoke recognition at any time for just cause. The professional association offering continuing education must be organized under chapter 317A. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 6.

Minnesota Statutes 2012, section 155A.275, subdivision 1, is amended to read:

Subdivision 1.

Special event services.

For purposes of this section, "special event services" means services rendered for compensation and performed at a location other than a licensed salon. These services deleted text begin include, butdeleted text end are deleted text begin notdeleted text end limited todeleted text begin ,deleted text end the practice of nonpermanent manipulation of the hair, deleted text begin such asdeleted text end new text begin including:new text end styling, setting, reinforcing, or extending the hair; the application of nail polish to the nails; and the application of makeup to the skin.

Sec. 7.

Minnesota Statutes 2012, section 155A.29, subdivision 1, is amended to read:

Subdivision 1.

Licensing.

Any person who offers cosmetology services for compensation in this state shall benew text begin (1)new text end licensed as a salon if not employed by another licensed salon ornew text begin (2) employednew text end as an esthetician new text begin or cosmetologist new text end in connection with medical care in relation to esthiology in the office of a licensed physician.

Sec. 8.

Minnesota Statutes 2012, section 155A.29, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Health and sanitarydeleted text end new text begin Infection controlnew text end standards.

Minimum deleted text begin health and sanitarydeleted text end new text begin infection controlnew text end standards for the operation of a salon shall be established by rule. deleted text begin 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.deleted text end The salon may be inspected as often as the board considers necessary to affirm compliance.

Sec. 9.

Minnesota Statutes 2012, section 155A.29, is amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Residential salons. new text end

new text begin 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. new text end

Sec. 10.

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

Subdivision 1.

Licensing.

Any person who establishes or conducts a school in this state shall be licensed.new text begin A license issued to postsecondary licensed cosmetology schools meeting the provisions of subdivision 12 shall include the designation "Postsecondary Cosmetology School License."new text end

Sec. 11.

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

new text begin Subd. 12. new text end

new text begin Minnesota state authorization. new text end

new text begin A cosmetology school licensed or applying for licensure under this section shall maintain recognition as an institution of postsecondary study by meeting the following conditions, in addition to the provisions of Minnesota Rules, parts 2110.0310 and 2110.0370: new text end

new text begin (1) the school must admit as regular students only those individuals who have a high school diploma or a diploma based on passing general education development (GED) tests or their equivalent, or who is beyond the age of compulsory education as prescribed by section 120A.22; and new text end

new text begin (2) the school must be licensed by name and authorized by the Department of Higher Education and the board to offer one or more training programs beyond the secondary level. new text end

Sec. 12.

Minnesota Statutes 2012, section 155A.32, is amended to read:

155A.32 DISPLAY OF LICENSE.

deleted text begin (a)deleted text end Every holder of a license granted by the board shall display it in a conspicuous place in the place of business.

deleted text begin (b) Notwithstanding the provisions of paragraph (a), nothing contained in sections 155A.21 to 155A.36 shall be construed to prohibit a person licensed to provide cosmetology services from engaging in any practices defined in sections 155A.21 to 155A.36 in the homes of customers or patrons, under the sanitary and health rules promulgated by the board. deleted text end

Sec. 13.

Minnesota Statutes 2012, section 155A.33, subdivision 4, is amended to read:

Subd. 4.

Licensing and registration actions.

(a) With respect to a person who is a holder of or applicant for a license or registration under this chapter, the board may by order deny, refuse to renew, suspend, temporarily suspend, or revoke the application, license, or registration, 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, deleted text begin whether or not the conduct or acts relatedeleted text end new text begin relatednew text end to the practice of a profession regulated by this chapter, if the fraudulent, deceptive, or dishonest conduct or acts reflect adversely on the person's ability or fitness to engage in the practice of the profession;

(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 a profession regulated by this chapter;

(4) employed fraud or deception in obtaining a license, registration, renewal, or reinstatement, or in passing all or a portion of the examination;

(5) had a license, registration, 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 license or registration;

(7) deleted text begin practiced in a profession regulated by this chapter while having an infectious or contagious disease;deleted text end

deleted text begin (8)deleted text end advertised by means of false or deceptive statements;

deleted text begin (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; deleted text end

new text begin (8) performed licensed services while consuming or under the influence of an intoxicant or controlled substance; new text end

deleted text begin (10)deleted text end new text begin (9)new text end demonstrated unprofessional conduct or practice;

deleted text begin (11)deleted text end new text begin (10)new text end permitted an deleted text begin employee or otherdeleted text end new text begin unlicensednew text end person under the person's supervision or control to deleted text begin practice as a licensee, registrant, or instructor of a professiondeleted text end new text begin offer or practice servicesnew text end regulated by this chapter deleted text begin unless that person has (i) a current license or registration issued by the board, (ii) a temporary apprentice permit, or (iii) a temporary permit as an instructor of a profession regulated by the boarddeleted text end new text begin for compensationnew text end ;

deleted text begin (12)deleted text end new text begin (11)new text end practices, offered to practice, or attempted to practice by misrepresentation;

deleted text begin (13)deleted text end new text begin (12)new text end failed to display a license or deleted text begin registrationdeleted text end new text begin permitnew text end as required by rules adopted by the board;

deleted text begin (14) used any room or place of practice of a profession regulated by the board that is also used for any other purpose, or used any room or place of practice of a profession regulated by the board that violatesdeleted text end new text begin (13) violatednew text end the board's rules governing deleted text begin sanitationdeleted text end new text begin infection controlnew text end ;

deleted text begin (15) failed to use separate and clean towels for each customer or patron, or to discard and launder each towel after being used once; deleted text end

deleted text begin (16) in the case of a licensee, registrant, or other person in charge of any school or place of practice of a profession regulated by the board, (i) failed to supply in a sanitary manner clean hot and cold water in quantities necessary to conduct the service or practice of the profession regulated by the board, (ii) failed to have water and sewer connections from the place of practice or 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; deleted text end

deleted text begin (17)deleted text end new text begin (14)new text end refused to permit the board to make an inspection permitted or required by this chapter, or failed to provide the board or the attorney general on behalf of the board with any documents or records they request;new text begin ornew text end

deleted text begin (18) failed promptly to renew a license or registration when remaining in practice, pay the required fee, or issue a worthless check; deleted text end

deleted text begin (19) failed to supervise an apprentice, or permitted the practice of a profession regulated by the board by a person not registered or licensed with the board or not holding a temporary permit; deleted text end

deleted text begin (20) refused to serve a customer because of race, color, creed, religion, disability, national origin, or sex; deleted text end

deleted text begin (21) failed to comply with a provision of chapter 141 or a provision of another chapter that relates to schools; or deleted text end

deleted text begin (22)deleted text end new text begin (15)new text end 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 licensure or registration, termination of suspension, reinstatement of licensure or 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) completes 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 in person, or is served by certified mail to the most recent address provided to the board by the licensee, registrant, 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. 14.

new text begin EXEMPT RULEMAKING. new text end

new text begin The Board of Cosmetologist Examiners shall adopt rules to administer this act using the exempt procedures of Minnesota Statutes, section 14.386, except that paragraph (b) does not apply. new text end

Sec. 15.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2012, sections 155A.24, subdivisions 3 and 4; and 155A.27, subdivision 3, new text end new text begin are repealed. new text end

Presented to the governor April 10, 2014

Signed by the governor April 11, 2014, 4:43 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes