HF 3986

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/03/2022 02:05pm

A bill for an act
relating to barbers; modifying provisions relating to the Board of Barber Examiners;
modifying and establishing provisions relating to mobile barber shops; amending
Minnesota Statutes 2020, sections 154.001, subdivision 2; 154.003; 154.01; 154.02,
subdivisions 1, 4, 5, by adding subdivisions; 154.05; 154.07, subdivision 1; 154.08;
154.09; 154.11, subdivision 1, by adding a subdivision; proposing coding for new
law in Minnesota Statutes, chapter 154; repealing Minnesota Rules, parts
2100.2500; 2100.2600; 2100.2900; 2100.3000; 2100.3200.

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

Section 1.

Minnesota Statutes 2020, section 154.001, subdivision 2, is amended to read:

Subd. 2.

Board of Barber Examiners.

(a) A Board of Barber Examiners is established
to consist of four barber members and one public member, as defined in section 214.02,
appointed by the governor.

(b) The barber members shall be persons who have practiced as registered 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. One
of the barber members shall be a member of, or recommended by, a union of journeymen
barbers that has existed at least two years, and one barber member shall be a member of,
or recommended by, a professional organization of barbers.

Sec. 2.

Minnesota Statutes 2020, section 154.003, is amended to read:

154.003 FEES.

(a) The fees collected, as required in this chapter, chapter 214, and the rules of the board,
shall be paid to the board. The board shall deposit the fees in the general fund in the state
treasury.

(b) The board shall charge the following fees:

(1) examination and certificate, registered barber, $85;

(2) retake of written examination, $10;

(3) examination and certificate, instructor, $180;

(4) certificate, instructor, $65;

(5) temporary teacher permit, $80;

(6) temporary registered barber, military, $85;

(7) temporary barber instructor, military, $180;

(8) renewal of registration, registered barber, $80;

(9) renewal of registration, instructor, $80;

(10) renewal of temporary teacher permit, $65;

(11) student permit, $45;

(12) renewal of student permit, $25;

(13) initial shop registration, $85;

(14) initial mobile barber shop registration, $150;

(14) (15) initial school registration, $1,030;

(15) (16) renewal shop registration, $85;

(16) (17) renewal school registration, $280;

(18) renewal mobile barber shop registration, $100;

(17) (19) restoration of registered barber registration, $95;

(18) (20) restoration of shop registration, $105;

(19) (21) change of ownership or location, $55;

(22) restoration of mobile barber shop registration, $120;

(20) (23) duplicate registration, $40;

(21) (24) home study course, $75;

(22) (25) letter of registration verification, $25; and

(23) (26) reinspection, $100.

(c) If the board uses a board-approved examination provider for the entire comprehensive
examination or for a portion of the comprehensive examination, any fees required by that
approved examination provider must be paid directly to the approved examination provider
by the examinee and is not included and is separate from any required fees paid by the
examinee to the board.

Sec. 3.

Minnesota Statutes 2020, section 154.01, is amended to read:

154.01 REGISTRATION MANDATORY.

(a) The registration of the practice of barbering serves the public health and safety of
the people of the state of Minnesota by ensuring that individuals seeking to practice the
profession of barbering are appropriately trained in the use of the chemicals, tools, and
implements of barbering and demonstrate the skills necessary to conduct barber services in
a safe, sanitary, and appropriate environment required for infection control.

(b) 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
sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to
154.28 this chapter by the Board of Barber Examiners.

(c) A registered barber must only provide barbering services in a registered barber shop
or, barber school, or mobile barber shop unless prior authorization is given by the board.

(d) 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 to the barber shop establishment
address, under sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21,
and 154.24 to 154.28 by the Board of Barber Examiners.

(e) 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 sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24
to 154.28 by the Board of Barber Examiners. Barber instruction must be provided in
registered barber schools only.

(f) No person shall operate a barber school unless the owner or operator possesses a
current certificate of registration as a barber school, issued under sections 154.001, 154.002,
154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 by the Board of Barber
Examiners.

Sec. 4.

Minnesota Statutes 2020, section 154.02, subdivision 1, is amended to read:

Subdivision 1.

What constitutes barbering.

Any one or any combination of the
following practices when done upon the head, face, 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 sections 154.001, 154.002, 154.003, 154.01 to 154.162,
154.19 to 154.21, and 154.24 to 154.28 this chapter: to shave the face or neck using a straight
razor or other tool, trim the beard, clean, condition, cut, color, shape, or straighten 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 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 hair, scalp, face, or neck. The removal of hair through the
process of waxing is not barbering.

Sec. 5.

Minnesota Statutes 2020, section 154.02, subdivision 4, is amended to read:

Subd. 4.

Certificate of registration.

A "certificate of registration" means the certificate
issued to an individual, barber shop, or barber school, or mobile barber shop that is in
compliance with the requirements of sections 154.001, 154.002, 154.003, 154.01 to 154.162,
154.19 to 154.21, and 154.24 to 154.28 this chapter.

Sec. 6.

Minnesota Statutes 2020, section 154.02, subdivision 5, is amended to read:

Subd. 5.

Designated registered barber.

The "designated registered barber" is a registered
barber designated as the manager of a barber shop or a mobile barber shop.

Sec. 7.

Minnesota Statutes 2020, section 154.02, is amended by adding a subdivision to
read:

Subd. 7.

Mobile barber shop.

A "mobile barber shop" means a barber shop that is
operated in a mobile vehicle or a mobile structure for the exclusive use of practicing barbering
services performed by a registered barber in compliance with this chapter.

Sec. 8.

Minnesota Statutes 2020, section 154.02, is amended by adding a subdivision to
read:

Subd. 8.

Straight razor.

A razor with a rigid steel cutting blade or a replaceable blade
that is hinged to a case that forms a handle when the razor is open for use.

Sec. 9.

Minnesota Statutes 2020, section 154.02, is amended by adding a subdivision to
read:

Subd. 9.

Waxing.

The process of removing hair from a part of the body by applying
wax and peeling off the wax.

Sec. 10.

Minnesota Statutes 2020, section 154.05, is amended to read:

154.05 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A
REGISTERED BARBER.

(a) A person is qualified to receive a certificate of registration as a registered barber if
the person:

(1) has successfully completed ten grades of education is at least 17 years of age;

(2) has successfully completed 1,500 hours of study in a board-approved barber school;
and

(3) has passed an a comprehensive examination conducted by the board in accordance
with section 154.09 to determine the person's fitness to practice barbering.

(b) A first-time applicant for a certificate of registration to practice as a registered barber
who fails to pass the comprehensive examination conducted by the board and who fails to
pass a onetime retake of the written examination, shall complete an additional 500 hours
of barber education before being eligible to retake the comprehensive examination as many
times as necessary to pass.

Sec. 11.

[154.052] MOBILE BARBER SHOPS.

Subdivision 1.

Registration.

(a) No person shall operate a mobile barber shop unless:

(1) at all times, the mobile barber shop is under the direct supervision and management
of a registered barber; and

(2) the owner or operator of the mobile barber shop possesses a current mobile barber
shop registration that was issued by the Board of Barber Examiners.

Subd. 2.

Services and location reporting requirements.

(a) A mobile barber shop is
limited to providing only hair cutting and straight razor shave services.

(b) A mobile barber shop is subject to the barber shop requirements in this chapter and
Minnesota Rules, except when this chapter or the rule conflicts with specific mobile barber
shop requirements. Any reference to a barber shop in this chapter and in Minnesota Rules
includes mobile barber shops, except when this chapter or the rule conflicts with specific
mobile barber shop requirements.

(c) A mobile barber shop registration holder must:

(1) maintain a permanent address for receiving correspondence and service of process
and provide an address where the mobile barber shop is kept when the mobile barber shop
is not in service;

(2) visibly display the name of the mobile barber shop and the mobile barber shop's
registration number as shown on the registration certificate on at least one exterior side of
the mobile barber shop;

(3) supply to the board the make, model, and vehicle identification and license plate
number of any vehicle or mobile structure used as a mobile barber shop. Each mobile barber
shop registration is valid for only one specific mobile vehicle or mobile structure;

(4) have a functioning phone available at all times;

(5) submit to the board, on or before the first day of each month, the mobile barber shop's
schedule of locations and times of operation during the month. The mobile barber shop
registration holder must report any proposed changes to the schedule to the board via e-mail
at the beginning of the week during which the changes will occur; and

(6) comply with the requirements of all federal, state, and local laws, rules, and
ordinances.

Subd. 3.

Water and wastewater requirements.

(a) A mobile barber shop must have
self-contained water holding tanks with gauges that indicate the levels in the tanks and
reserve capabilities. The water supply tanks must be integrated and plumbed into the
wastewater tanks or gray water tanks.

(b) A mobile barber shop must have a potable water capacity of not less than 20 gallons
and a designated hose that the mobile barber shop only uses to fill the potable water tank.

(c) A mobile barber shop must have available hot water in a capacity of not less than
five gallons or hot water on demand.

(d) A mobile barber shop must have a wastewater tank or gray water tank capacity that
is 15 percent larger than the water supply holding tank.

(e) A mobile barber shop must not operate when:

(1) the available potable water supply is insufficient to comply with the infection control
requirements in this chapter and Minnesota Rules; or

(2) a tank for wastewater, black water, or gray water is at 90 percent or greater capacity.

(f) A mobile barber shop must have a restroom in operating condition inside of the
mobile barber shop that includes:

(1) an installed hand sink with potable water;

(2) soap;

(3) single-use towels; and

(4) a self-contained recirculating flush toilet with a holding tank or a properly maintained
composting toilet.

(g) A mobile barber shop must discharge wastewater into a sanitary sewage system or
a sanitary dumping station. When disposing of sewage and wastewater, a mobile barber
shop must comply with all federal, state, and local environmental and sanitary regulations.

(h) In addition to the sink required in the restroom, the mobile barber shop must have
at least one sink with hot and cold running water accessible to persons in the area where
the mobile barber shop provides services. Sinks must be permanently installed and connected
to the vehicle's or mobile structure's potable water supply and wastewater tanks.

Subd. 4.

Electrical and power requirements.

(a) If power for heating, air conditioning,
and other equipment is supplied by a generator, the generator must be properly vented
outside and all doors and windows must be closed when the generator is operating to avoid
exhaust entering the mobile barber shop. The generator must comply with all applicable
municipal noise ordinances.

(b) Liquefied petroleum gas systems installed in the mobile barber shop must comply
with the current edition of the National Fire Protection Association Standard No. 58 LP-Gas
Code as adopted under the State Fire Code. Use of portable heating units is prohibited.

(c) All heating and cooling systems must be factory installed and meet all state and
federal regulations for mobile vehicle or mobile structure heating and cooling.

(d) The mobile barber shop must have working alarms for carbon monoxide, smoke,
and combustible gas, either as single alarms or a combined alarm.

(e) All electrical wiring must comply with the State Electrical Code. Electrical equipment
plugged into outlets must be UL-listed and must comply with state and local fire codes.

Subd. 5.

Safety, inspection, and infection control requirements.

(a) In addition to the
safety and infection control requirements for barber shops in this chapter and Minnesota
Rules, mobile barber shops must comply with the following requirements:

(1) the mobile barber shop must not provide services unless the mobile barber shop is
parked with the engine off, stable, and leveled. The mobile barber shop must use stabilizing
jacks when it is recommended by the manufacturer's instructions for the vehicle or mobile
structure. The mobile barber shop must use at least two wheel chocks when the mobile
barber shop is operating;

(2) the mobile barber shop must provide all services inside of the vehicle or mobile
structure;

(3) all hazardous substances in the mobile barber shop must be stored upright in secured
cabinets when the mobile barber shop is moving;

(4) the mobile barber shop must have a ventilation system that is sufficient to provide
fresh air in the mobile barber shop; and

(5) all moving parts, including slide outs, disability ramps, and steps must be in good
working order.

(b) Any duly authorized employee of the Board of Barber Examiners shall have authority
to enter and inspect a mobile barber shop during normal business hours.

Subd. 6.

Compliance with local government law.

The mobile barber shop must comply
with all city, township, and county ordinances regarding wastewater disposal, commercial
motor vehicles, vehicle insurance, noise, signage, parking, commerce, business, and other
local government requirements. The mobile barber shop owner must be informed about the
requirements that apply to the mobile barber shop in each jurisdiction where the mobile
barber shop operates, and must ensure that the mobile barber shop complies with those
requirements.

Sec. 12.

Minnesota Statutes 2020, section 154.07, subdivision 1, is amended to read:

Subdivision 1.

Admission requirements; course of instruction.

No barber school shall
be approved by the board unless it the barber school requires, as a prerequisite to admission,
ten grades of an approved school or its equivalent, as determined by educational transcript,
high school diploma, high school equivalency certificate, or 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 ten hours of schooling in any one working
day. The course of instruction 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 sanitation; disinfection; sterilization
and antiseptics; diseases of the skin, hair, and glands; massaging and manipulating the
muscles of the face and neck; haircutting; shaving; trimming the beard; bleaching, tinting
and dyeing the hair; and the chemical waving and straightening of hair.

Sec. 13.

Minnesota Statutes 2020, section 154.08, is amended to read:

154.08 APPLICATION; FEE.

Subdivision 1.

Application and fee requirements.

Each applicant for an examination
shall:

(1) make an application to the Board of Barber Examiners or a board-approved
examination provider on blank forms prepared and furnished by it, the application to the
board or the provider. The application must contain proof under the applicant's oath of the
particular qualifications and identity of the applicant;

(2) provide all documentation required in support of the application;

(3) pay to the board the required fee; and

(4) upon acceptance of the notarized application, present a corresponding
government-issued photo identification when the applicant appears for the examination.;
and

(5) file an application with the board no later than the twentieth day of the month
preceding the month when the practical portion of the exam is administered.

Sec. 14.

Minnesota Statutes 2020, section 154.09, is amended to read:

154.09 EXAMINATIONS, CONDUCT AND SCOPE.

Subdivision 1.

Examination dates.

The board or a board-approved examination provider
shall conduct practical examinations of applicants for certificates of registration to practice
as registered barbers not more than six less than four times each year, at such time and place
as the board may determine. Additional Written examinations may be scheduled by the
board and conducted by board staff or a board-approved provider as designated by the board.

Subd. 2.

Documentation required.

The proprietor owner or operator of a barber school
must file an affidavit with the board of hours completed by students applying to take the
registered barber comprehensive examination. Students must complete the full 1,500-hour
curriculum in a barber school approved by the board within the past four years to be eligible
for examination. Barber students who have completed barber school more than four years
prior to application, that have not obtained a barber registration, license, or certificate in
any jurisdiction must complete an additional 500 hours of barber school education to be
eligible for the registered barber examination.

Subd. 3.

Examinations for registration restoration.

Registered barbers that fail An
individual who fails to renew their the individual's barber registration for four or more years
are is required to purchase and complete the "Home Study Course for Barbers" program
that was prepared and approved by the board before the individual is eligible to take the
registered barber comprehensive examination to reinstate the individual's registration.

Subd. 4.

Examinations for individuals seeking reciprocity.

An individual who must
pass the comprehensive examination under section 154.11 must purchase and complete the
"Home Study Course for Barbers" program that was prepared and approved by the board
before the individual is eligible to take the comprehensive examination.

Subd. 5.

Contents of examination.

The comprehensive examination of applicants for
certificates of registration as barbers shall include:

(1) a practical demonstration portion that consists of: a haircut, and three of the following
practical services that the board shall determine: shave, beard trim, shampoo, perm wrap,
facial, or color application; and

(2) a written test. The examination must cover portion that covers the subjects taught in
barber schools registered with the board, including as required by this chapter, applicable
state statute statutes, and rule rules.

Subd. 6.

Examination grading.

The comprehensive examination must be graded as
follows:

(1) the grading for the practical portion of the examination must be on a scale of one to
100, with 100 representing a perfect score. A score of 75 must be the minimum passing
grade for the haircut portion and 75 must be the minimum passing score for the average of
the remaining parts of the practical examination; and

(2) the grading criteria for the written portion of the examination and the passing grade
must be established by the board or a board-approved examination provider for each written
examination at the time of the examination's preparation. The lowest passing grade
established must not be less than 55.

Subd. 7.

Failure of examination.

(a) An individual who does not pass one portion of
the comprehensive examination within a year of passing the other portion of the
comprehensive examination must retake the entire comprehensive examination.

(b) An individual who has failed a portion of the comprehensive examination may retake
that portion of the examination within a year of passing the other portion after meeting the
requirements of this chapter, paying any required fees and making an application to the
board as required by section 154.08.

Sec. 15.

Minnesota Statutes 2020, section 154.11, subdivision 1, is amended to read:

Subdivision 1.

Examination of nonresidents.

(a) A person who meets all of the
requirements for barber registration in sections 154.001, 154.002, 154.003, 154.01 to
154.162, 154.19 to 154.21, and 154.24 to 154.28 this chapter and either has a currently
active license, certificate of registration, or equivalent as a practicing barber or instructor
of barbering as verified from another state or, if presenting foreign country credentials as
verified by a board-approved professional credential evaluation provider, which in the
discretion of the board has substantially the same requirements for registering barbers and
instructors of barbering as required by sections 154.001, 154.002, 154.003, 154.01 to
154.162, 154.19 to 154.21, and 154.24 to 154.28 in this chapter shall, upon payment of the
required fee, be issued a certificate of registration without examination.

(b) Individuals without a current documented license, certificate of registration, or
equivalent, as verified in paragraph (a), must have a minimum of 1,500 hours of barber
education as verified by the barber school attended in the other state or if presenting foreign
country education as verified by a board-approved professional credential evaluation provider,
completed within the previous four years, which, in the discretion of the board, has
substantially the same requirements as required in sections 154.001, 154.002, 154.003,
154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 this chapter will be eligible for
examination.

(c) Individuals unable to meet the requirements in paragraph (a) or (b) shall be subject
to all the requirements of section 154.05.

Sec. 16.

Minnesota Statutes 2020, section 154.11, is amended by adding a subdivision to
read:

Subd. 4.

Examination of cosmetologists.

a) A person may be credited with up to 1,000
hours toward the 1,500 hours of study required under section 154.05 if the person:

(1) has a currently active license as a practicing cosmetologist and the license is verified
by the issuing state;

(2) has a certificate of registration or equivalent as a practicing cosmetologist and the
certificate is verified by the issuing state; or

(3) has credentials as a practicing cosmetologist from a foreign country that are verified
by a board-approved professional credential evaluation provider and the board has determined
that the foreign country's curriculum requirements are substantially similar to the
requirements in section 154.07.

(b) After a person with credited hours under paragraph (a) completes the remaining
required hours in a board-approved barber school and meets the requirement of section
154.05, clause (1), the person is eligible for examination.

Sec. 17. REPEALER.

Minnesota Rules, parts 2100.2500; 2100.2600; 2100.2900; 2100.3000; and 2100.3200,
are repealed.

APPENDIX

Repealed Minnesota Rule: 22-05341

2100.2500 EXAMINATION DATES.

Examinations for a certificate as a registered barber shall be held in the second week of February, May, August, and November of each year. Notice of the examination shall be given during the first week of the month preceding the month in which the examination is to be held. Two additional examinations may be held when the board determines it is cost efficient.

2100.2600 APPLICATION FOR EXAMINATION.

An applicant for examination as a registered barber shall file an application for examination on forms furnished by the board. This application must be filed with the board no later than the 20th day of the month preceding the month in which the examination is to be given; provided, however, that the board shall, upon the showing of a hardship, accept applications at a later date.

Applicants for registered barber status must complete the program entitled "Home Study Course for Barbers" prepared or approved by the Board of Barber Examiners before the examination may be taken.

2100.2900 CONTENTS OF EXAMINATION.

An examination consists of five parts: a written examination and four practical services. The type of haircut, shave or beard trim, and two of the following practical services: shampoo, perm wrap, facial, or color application, will be determined at the discretion of the board.

2100.3000 GRADING OF EXAMINATION.

The registered barber examinations given pursuant to Minnesota Statutes, section 154.09, shall be graded as follows: The grading criteria for the written part of the examination and the passing grade will be established for each written examination at the time of its preparation; however, the lowest passing grade established shall never be less than 55. The grading for the practical performances part of the examination will be on a scale of 1 to 100 with 100 representing a perfect score. A score of 75 will be the minimum passing grade for the haircut portion, and 75 will also be the minimum passing score for the average of the remaining parts of the practical performances. If an applicant does not receive at least the established minimum passing grade on the written portion of the examination, or at least a grade of 75 on the haircut portion of the examination, or score an average of at least 75 on the remaining parts of the practical examination, the applicant will have failed the examination, and may only retake the examination after paying the necessary fee and meeting the requirements of Minnesota Statutes, section 154.05.

2100.3200 FAILURE OF EXAMINATION.

An individual who has not held a Minnesota barber registration prior to examination and who fails the examination and onetime written retake, if applicable, shall complete an additional 500 hours of barber school to be eligible to retake the examination as many times as necessary to pass.

An individual who has previously held a Minnesota barber registration as an apprentice or registered barber may take the examination as many times as necessary to reinstate the registration without additional barber school hours.