Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

CHAPTER 127--S.F.No. 2802

An act

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:

Section 1.

Minnesota Statutes 2014, section 155A.23, is amended by adding a subdivision to read:

Subd. 4a.

Eyelash extensions.

"Eyelash extensions" means the application, removal, and trimming of threadlike natural or synthetic fibers to an eyelash, and includes the cleansing of the eye area and lashes. Eyelash extensions do not include color agents, straightening agents, permanent wave solutions, bleaching agents, applications to the eyebrow, or any other cosmetology service.

Sec. 2.

Minnesota Statutes 2014, section 155A.23, is amended by adding a subdivision to read:

Subd. 4b.

Eyelash technician.

An "eyelash technician" is any person who is not a cosmetologist, esthetician, or advanced practice esthetician who, for compensation, performs the personal services limited to eyelash extensions as defined in subdivision 4a only.

Sec. 3.

Minnesota Statutes 2015 Supplement, section 155A.23, subdivision 8, is amended to read:

Subd. 8.

Manager.

A "manager" is any person who is a cosmetologist, esthetician, advanced practice esthetician, or nail technician practitioner, or eyelash technician practitioner, and who has a manager license and provides any services under that license, as defined in subdivision 3.

Sec. 4.

Minnesota Statutes 2015 Supplement, section 155A.23, subdivision 18, is amended to read:

Subd. 18.

Practitioner.

A "practitioner" is any person licensed in the practice of cosmetology, esthiology, or nail technology services, or eyelash technology services.

Sec. 5.

Minnesota Statutes 2015 Supplement, section 155A.27, subdivision 1, is amended to read:

Subdivision 1.

Licensing.

A person must hold an individual license to practice in the state as a cosmetologist, esthetician, nail technician, eyelash technician, advanced practice esthetician, manager, or instructor.

Sec. 6.

Minnesota Statutes 2015 Supplement, section 155A.271, is amended to read:

155A.271 CONTINUING EDUCATION REQUIREMENTS.

Subdivision 1.

Continuing education requirements.

(a) Effective August 1, 2014, To qualify for license renewal under this chapter as an individual cosmetologist, nail technician, esthetician, advanced practice esthetician, eyelash technician, or salon manager, the applicant must attest to the completion of complete four hours of continuing education credits from an accredited school or a professional association of cosmetology a board-approved continuing education provider 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 attest to the completion of one four-hour complete a four credit hour continuing education course from a board-approved continuing education provider based on any or all of the following within the licensee's scope of practice:

(1) product chemistry and chemistry chemical interaction;

(2) proper use and maintenance of machines and instruments;

(3) business management, professional ethics, and human relations; or

(4) techniques relevant to the type of license held.

Credits are valid for three years and must be completed with a board-approved provider of continuing education during 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.

Subd. 1a.

Product sales or marketing prohibited.

The marketing or sale of any product is prohibited during a continuing education class receiving credit under subdivision 1.

Subd. 2.

Continuing education providers.

(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 be approved by the board to offer continuing education curriculum for credit under subdivision 1, paragraph (a). Continuing education curriculum 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.

The An approved school and or professional association may offer online and independent study options Web-based continuing education instruction to achieve maximum involvement of licensees. Continuing education providers are encouraged to offer classes available in foreign language formats.

(b) Board authorization approval of a any continuing education provider under paragraph (a) 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). The board shall maintain a list of approved providers and courses on the board's Web site. The 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.

Subd. 3.

Proof of credits.

The continuing education provider shall provide to licensees who attend a class a receipt to prove documentation establishing 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 successfully completing a class and the licensee's credit hours awarded by them for five years.

Subd. 4.

Audit.

The board shall conduct random audits of active licensees periodically and continuing education providers to ensure compliance with continuing education the requirements of this section. 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 school or professional association continuing education provider verify a licensee's credits. The continuing education 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. The board staff shall have unrestricted free access to any provider's class offerings to verify adherence to the provider's approved lesson plan and overall compliance with this chapter.

Sec. 7.

Minnesota Statutes 2015 Supplement, section 155A.29, subdivision 1, is amended to read:

Subdivision 1.

Licensing.

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, or advanced practice esthetician salon, or eyelash extension salon. A salon may hold more than one type of salon license.

Sec. 8.

EFFECTIVE DATE; APPLICATION.

Sections 1 to 7 are effective the day following final enactment. With respect to eyelash technicians, the Board of Cosmetologist Examiners must not enforce sections 1 to 7 until July 1, 2017. Any educational or training requirements developed by the board regarding eyelash technicians must be 14 hours.

Presented to the governor May 18, 2016

Signed by the governor May 19, 2016, 11:00 a.m.