HF 2762

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/13/2014 03:23pm

A bill for an act
relating to cosmetology; making changes to the Board of Cosmetologist
Examiners; authorizing exempt rulemaking; 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 three
cosmetologist seven members and one public member, as defined in section 214.02,
appointed by the governor. as follows:

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

(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;

(3) one esthetician;

(4) one nail technician; and

(5) one public member, as defined in section 214.02.

(b) All cosmetologist, esthetician, and nail technician 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. The cosmetologist members shall be members of, or recommended by, a
professional organization of cosmetologists, nail technicians, or estheticians.

(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 (1) the practice of
cosmetology in a licensed salon or (2) the practice of an esthetician or cosmetologist
employed in the office of a licensed physician in connection with medical care in relation
related to esthiology in the office of a licensed physician.

Sec. 3.

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

Subd. 4.

License expiration date.

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:

(1) Individual licenses expire on the last day of the licensee's birth month of the
year due; and.

(2) 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, or and 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.

(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 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.

(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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

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 include, but are not limited to, the practice of nonpermanent
manipulation of the hair, such as including: 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 be (1) licensed as a salon if not employed by another
licensed salon or (2) employed as an esthetician or cosmetologist 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.

Health and sanitary Infection control standards.

Minimum health and
sanitary infection control 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 board considers necessary to affirm compliance.

Sec. 9.

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

Subd. 3a.

Residential salons.

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.

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. A license issued to postsecondary licensed cosmetology schools
meeting the provisions of subdivision 12 shall include the designation "Postsecondary
Cosmetology School License."

Sec. 11.

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

Subd. 12.

Minnesota state authorization.

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:

(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

(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.

Sec. 12.

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

155A.32 DISPLAY OF LICENSE.

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

(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.

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, whether
or not the conduct or acts relate related 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) practiced in a profession regulated by this chapter 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;

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

(10) (9) demonstrated unprofessional conduct or practice;

(11) (10) permitted an employee or other unlicensed person under the person's
supervision or control to practice as a licensee, registrant, or instructor of a profession
offer or practice services regulated by this chapter 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 board for compensation;

(12) (11) practices, offered to practice, or attempted to practice by misrepresentation;

(13) (12) failed to display a license or registration permit as required by rules
adopted by the board;

(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 violates (13) violated the board's rules governing sanitation
infection control;

(15) 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 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;

(17) (14) 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; or

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

(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;

(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 schools; or

(22) (15) 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. EXEMPT RULEMAKING.

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.

Sec. 15. REPEALER.

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