language to be deleted (2) new language
relating to cosmetology; regulating eyelash extension services;
amending Minnesota Statutes 2014, section 155A.23, by adding subdivisions; Minnesota Statutes 2015 Supplement, sections 155A.23, subdivisions 8, 18; 155A.27, subdivision 1; 155A.271; 155A.29, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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A "manager" is any person who is a cosmetologist, esthetician, advanced practice esthetician, deleted text beginordeleted text end nail techniciannew text beginnew text endpractitioner, and who has a manager license and provides any services under that license, as defined in subdivision 3.
A "practitioner" is any person licensed in the practice of cosmetology, esthiology, deleted text beginordeleted text end nail technology servicesnew text beginnew text end.
A person must hold an individual license to practice in the state as a cosmetologist, esthetician, nail technician, new text beginnew text endadvanced practice esthetician, manager, or instructor.
(a) deleted text beginEffective August 1, 2014,deleted text end To qualify for license renewal under this chapter as an individual cosmetologist, nail technician, esthetician, advanced practice esthetician, new text beginnew text endor salon manager, the applicant must deleted text beginattest to the completion ofdeleted text endnew text beginnew text end four hours of continuing education credits from deleted text beginan accredited school or a professional association of cosmetologydeleted text endnew text beginnew text end during the three years prior to the applicant's renewal date. One credit hour of the requirement must include instruction pertaining to state laws and rules governing the practice of cosmetology. Three credit hours must include instruction pertaining to health, safety, and infection control matters consistent with the United States Department of Labor's Occupational Safety and Health Administration standards applicable to the practice of cosmetology, or other applicable federal health, infection control, and safety standards, and must be regularly updated so as to incorporate newly developed standards and accepted professional best practices. Credit hours earned are valid for three years and may be applied simultaneously to all individual licenses held by a licensee under this chapter.
(b) Effective August 1, 2017, in addition to the hours of continuing education credits required under paragraph (a), to qualify for license renewal under this chapter as an individual cosmetologist, nail technician, esthetician, advanced practice esthetician, or salon manager, the applicant must also deleted text beginattest to the completion of one four-hourdeleted text endnew text beginnew text end continuing education course from a new text beginnew text endcontinuing education provider based on any deleted text beginor alldeleted text end of the followingnew text beginnew text end:
(1) product chemistry and deleted text beginchemistrydeleted text endnew text beginnew text end interaction;
(2) proper use new text beginnew text endof machines and instruments;
(3) business managementnew text beginnew text end and human relations; or
(4) techniques relevant to the type of license held.
Credits new text beginnew text endmust be completed new text beginnew text endduring the three years prior to the applicant's renewal date and may be applied simultaneously to other individual licenses held as applicable, except that credits completed under this paragraph must not duplicate credits completed under paragraph (a).
(c) Paragraphs (a) and (b) do not apply to an instructor license, a school manager license, or an inactive license.
The marketing or sale of any product is prohibited during a continuing education class receiving credit under subdivision 1.
(a) Only a board-licensed school of cosmetology, a postsecondary institution as defined in section 136A.103, paragraph (a), or a board-recognized professional association organized under chapter 317A may new text beginnew text endoffer continuing education deleted text begincurriculumdeleted text end for credit under subdivision 1, paragraph (a). Continuing education deleted text begincurriculumdeleted text end under subdivision 1, paragraph (b), may be offered by a:
(1) board-licensed school of cosmetology;
(2) board-recognized professional association organized under chapter 317A; or
(3) board-licensed salon.
deleted text beginThedeleted text endnew text beginnew text end school deleted text beginanddeleted text endnew text beginnew text end professional association may offer deleted text beginonline and independent study optionsdeleted text endnew text beginnew text end to achieve maximum involvement of licensees. Continuing education providers are encouraged to offer classes available in foreign language formats.
(b) Board deleted text beginauthorizationdeleted text endnew text beginnew text end of deleted text beginadeleted text endnew text beginnew text end continuing education provider deleted text beginunder paragraph (a)deleted text end is valid for one calendar year and is contingent upon submission and preapproval of the lesson plan or plans with learning objectives for the class to be offered and the payment of the application fee in section 155A.25, subdivision 1a, paragraph (d), clause (11). new text beginnew text endThe board may revoke authorization of a continuing education provider at any time for just cause and the board may demand return of documents required under subdivision 3.
The continuing education provider shall provide to licensees deleted text beginwho attend a class a receipt to provedeleted text endnew text beginnew text end completion of the class. Licensees shall retain proof of their continuing education credits for one year beyond the credit's expiration. The continuing education provider shall retain documentation of all licensees deleted text beginsuccessfullydeleted text end completing a class and the licensee's credit hours new text beginnew text endfor five years.
The board shall conduct random audits of active licensees deleted text beginperiodicallydeleted text endnew text beginnew text end to ensure compliance with deleted text begincontinuing educationdeleted text endnew text beginnew text end requirementsnew text beginnew text end. To initiate an audit, the board shall notify an active licensee of the audit and request proof of credits earned during a specified period. The licensee must provide the requested proof to the board within 30 days of an audit notice. The board may request that a deleted text beginschool or professional associationdeleted text endnew text beginnew text end verify a licensee's credits. The deleted text begincontinuing educationdeleted text end provider must furnish verification, or a written statement that the credits are not verified, within 15 days of the board's request for verification. If the board determines that a licensee has failed to provide proof of necessary credits earned during the specified time, the board may revoke the individual's license and may deem the individual an expired practitioner subject to penalty under section 155A.25 or 155A.36.new text beginnew text end
A person must not offer cosmetology services for compensation unless the services are provided by a licensee in a licensed salon or as otherwise provided in this section. Each salon must be licensed as a cosmetology salon, a nail salon, esthetician salon, deleted text beginordeleted text end advanced practice esthetician salonnew text beginnew text end. A salon may hold more than one type of salon license.
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Presented to the governor May 18, 2016
Signed by the governor May 19, 2016, 11:00 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes