2004 Minnesota Statutes

CHAPTER 155A. Cosmetology

     155A.01 Policy. 

    The legislature finds that the health and safety of the 
 people of the state are served by the licensing of the practice 
 of cosmetology because of the use of chemicals, apparatus, and 
 other appliances requiring special skills and education.  

    To this end, the public will best be served by vesting 
 these responsibilities in the Board of Barber and Cosmetologist 
 Examiners. 

    HIST: 1981 c 357 s 31; 1983 c 289 s 114 subd 1; 1984 c 655 art 
 1 s 92 subd 1; 2004 c 269 art 3 s 22 

     155A.02 Prohibition; limitation. 

    It shall be unlawful for any person to engage in 
 cosmetology, or to conduct or operate a cosmetology school or 
 salon, except as provided in sections 155A.03 to 155A.16.  

    HIST: 1981 c 357 s 32; 2004 c 269 art 3 s 23 

     155A.03 Definitions. 

    Subdivision 1.    Terms.  For purposes of sections 
 155A.03 to 155A.26, and unless the context clearly requires 
 otherwise, the words defined in this section have the meanings 
 given them.  

    Subd. 1a.    Board.  "Board" means the Board of Barber 
 and Cosmetologist Examiners. 

    Subd. 2.    Cosmetology.  "Cosmetology" is the practice 
 of personal services, for compensation, for the cosmetic care of 
 the hair, nails, and skin.  These services include cleaning, 
 conditioning, shaping, reinforcing, coloring and enhancing the 
 body surface in the areas of the head, scalp, face, arms, hands, 
 legs, and feet, except where these services are performed by a 
 barber under sections 154.01 to 154.26.  

    Subd. 3.    Cosmetologist.  A "cosmetologist" is any 
 person who, for compensation, performs the personal services, as 
 defined in subdivision 2.  

    Subd. 4.    Esthetician.  An "esthetician" is any person 
 who, for compensation, performs personal services for the 
 cosmetic care of the skin only.  

    Subd. 4a.    Licensed practice.  "Licensed practice" 
 means the practice of cosmetology in a licensed salon or the 
 practice of an esthetician in a licensed physician's office. 

    Subd. 5.    Manicurist.  A "manicurist" is any person 
 who, for compensation, performs personal services for the 
 cosmetic care of the hands, feet, and nails only.  

    Subd. 6.    Manager.  A "manager" is any person who 
 conducts, operates, or manages a cosmetology school or salon and 
 who also instructs in or provides any services, as defined in 
 subdivision 2.  

    Subd. 7.    Salon.  A "salon" is an area, room, or rooms 
 employed to offer personal services, as defined in subdivision 2.
 "Salon" does not include the home of a customer but the board 
 may adopt health and sanitation rules governing practice in the 
 homes of customers.  

    Subd. 8.    School.  A "school" is a place where any 
 person operates and maintains a class to teach cosmetology to 
 the public for compensation.  "School" does not include a place 
 where the only teaching of cosmetology is done by a licensed 
 cosmetologist as part of a community education program of less 
 than ten hours duration, provided that the program does not 
 permit practice on persons other than students in the program, 
 and provided that the program is intended solely for the 
 self-improvement of the students and not as preparation for 
 professional practice.  

    Subd. 9.    Instructor.  An "instructor" is any person 
 employed by a school to prepare and present the theoretical and 
 practical education of cosmetology to persons who seek to 
 practice cosmetology.  

    Subd. 10. Repealed, 1983 c 289 s 119 

    Subd. 11.    Council.  The "council" is the Minnesota 
 Cosmetology Advisory Council, as defined in section 155A.06.  

    Subd. 12.    Person.  The term "person" may extend and 
 be applied to bodies politic and corporate, and to partnership 
 and other unincorporated associations.  

    Subd. 13.    Commissioner.  "Commissioner" means the 
 commissioner of commerce.  

    Subd. 14. Repealed, 1Sp2003 c 1 art 4 s 4 

    Subd. 15. Repealed, 1Sp2003 c 1 art 4 s 4 

    HIST: 1981 c 357 s 33; 1983 c 289 s 99,114 subd 1; 1984 c 655 
 art 1 s 92; 1993 c 204 s 8; 2002 c 387 s 12,13; 2004 c 269 art 3 
 s 24-28 

     155A.04 Administration. 

    Subdivision 1.    Commissioner's powers and duties; 
 generally.  The commissioner of commerce shall have the power 
 and duties necessary for the administration of the provisions of 
 this chapter.  

    Subd. 2.    Hiring and assignment of employees.  The 
 commissioner shall have the authority to hire in the classified 
 service, or to assign to employees of the Department of 
 Commerce, qualified personnel to assist in administering the 
 law, including those for the testing and licensing of applicants 
 and the continuing inspections required.  

    HIST: 1981 c 357 s 34; 1983 c 289 s 114 subd 1; 1984 c 655 art 
 1 s 92 subd 1 

     155A.045 Fees. 

    Subdivision 1.    Schedule.  The fee schedule for 
 licensees is as follows: 

    (a) Three-year license fees: 

    (1) cosmetologist, manicurist, esthetician, $90 for each 
 initial license, and $60 for each renewal; 

    (2) instructor, manager, $120 for each initial license, and 
 $90 for each renewal; 

    (3) licensed physician's office, $130 for each initial 
 license, and $100 for each renewal; 

    (4) salon, $130 for each initial license, and $100 for each 
 renewal; and 

    (5) school, $1,500. 

    (b) Penalties: 

    (1) reinspection fee, variable; and 

    (2) manager with lapsed practitioner, $25. 

    (c) Administrative fees: 

    (1) certificate of identification, $20; and 

    (2) school original application, $150. 

    (d) All fees established in this subdivision must be paid 
 to the executive secretary of the board on or before September 1 
 of the year in which they become due.  The executive secretary 
 of the board shall deposit the fees in the general fund in the 
 state treasury, to be disbursed by the executive secretary on 
 the order of the chair in payment of expenses lawfully incurred 
 by the board.  

    Subd. 2.    Refunds.  Refunds shall be given in the 
 following situations:  overpayment; death or permanent 
 disability before the effective date of a license; or an 
 individual's ineligibility for licensure.  Applicants determined 
 ineligible to receive a license will be refunded the license fee 
 minus any processing fee this section requires. 

    Subd. 3.    Other licenses.  A licensee who applies for 
 licensing in a second category shall pay the full license fee 
 for the second category of license. 

    HIST: 1993 c 204 s 9; 1997 c 200 art 1 s 63; 2004 c 269 art 3 
 s 29 

     155A.05 Rules. 

    The board may develop and adopt rules according to chapter 
 14 that the board considers necessary to carry out sections 
 155A.01 to 155A.16. 

    HIST: 1981 c 357 s 35; 1982 c 424 s 130; 1983 c 289 s 100; 
 1984 c 640 s 32; 1993 c 204 s 10; 2004 c 269 art 3 s 30 

     155A.06 Advisory council. 

    Subdivision 1.    Creation.  The Minnesota Cosmetology 
 Advisory Council consists of 11 members, as follows:  Three 
 members representative of consumers; four cosmetologists or shop 
 managers; three cosmetology school representatives, at least one 
 of whom shall represent public cosmetology schools and one 
 represent private cosmetology schools; and one representative of 
 manufacturers of cosmetology products.  The chair shall be 
 selected at the first meeting each year by the council from 
 among its members by majority vote and shall serve until a 
 successor is elected. 

    Subd. 2.    Appointments.  Appointments to the council 
 shall be made by the commissioner in accordance with section 
 15.059. 

    Subd. 3.    Membership terms.  Each member of the 
 council shall be appointed for a four-year term, except that in 
 making the appointments, the governor shall appoint members so 
 that appointments do not expire concurrently.  

    Subd. 4.    Duties.  The council shall meet at least 
 annually, at the call of the commissioner.  The council shall 
 advise the commissioner of the availability of cosmetology 
 services and their ethical and safe operation and on other 
 matters as the commissioner considers appropriate.  The 
 commissioner may consult with the council before adopting any 
 rules, testing instruments, criteria for inspections, and other 
 matters as the commissioner considers appropriate.  

    Subd. 5.    Compensation.  Members of the council shall 
 be compensated for expenses as provided in section 15.059 and 
 the council shall expire on June 30, 1997.  

    HIST: 1981 c 357 s 36; 1983 c 260 s 41,42; 1983 c 289 s 114 
 subd 1; 1984 c 654 art 3 s 51; 1984 c 655 art 1 s 92; 1993 c 204 
 s 11 

     155A.07 Practitioner. 

    Subdivision 1.    Licensing.  Individual licensing shall 
 be required for persons seeking to practice in the state as a 
 cosmetologist, esthetician, manicurist, manager, or instructor.  

    Subd. 2.    Qualifications.  Qualifications for 
 licensing in each classification shall be determined by the 
 board and established by rule, and shall include educational and 
 experiential prerequisites.  The rules shall require a 
 demonstrated knowledge of procedures necessary to protect the 
 health of the practitioner and the consumer of cosmetology 
 services, including but not limited to chemical applications.  

    Subd. 3.    Testing.  Appropriate standardized tests 
 shall be used and shall include subject matter relative to the 
 application of Minnesota law.  In every case, the primary 
 consideration shall be to safeguard the health and safety of 
 consumers by determining the competency of the applicants to 
 provide the services indicated.  

    Subd. 4.    Licensing without test.  Licensing of 
 persons without testing may be allowed as determined by rule.  

    Subd. 5.    Duration of license.  Licensing in each 
 classification shall be for a period of three years.  

    Subd. 6.    Renewals.  Renewal of license shall be for a 
 period of three years under conditions and process established 
 by rule.  

    Subd. 7.    Fees.  Examination and licensing fees shall 
 be in the amounts specified in section 155A.045. 

    Subd. 8.    Exemptions.  Persons licensed to provide 
 cosmetology services in other states visiting this state for 
 cosmetology demonstrations shall be exempted from the licensing 
 provisions of sections 155A.01 to 155A.16 if services to 
 consumers are in the physical presence of a licensed 
 cosmetologist.  

    Subd. 9. Repealed, 1Sp2003 c 1 art 4 s 4 

    Subd. 10.    Nonresident licenses.  A nonresident 
 cosmetologist, manicurist, 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 the Minnesota-specific written operator 
 examination for cosmetologist, manicurist, 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. 

    HIST: 1981 c 357 s 37; 1983 c 289 s 114 subd 1; 1983 c 293 s 
 64; 1984 c 655 art 1 s 92; 1993 c 204 s 12-15; 2002 c 387 s 14; 
 2004 c 269 art 3 s 31-33 

     155A.08 Salons. 

    Subdivision 1.    Licensing.  Any person who offers 
 cosmetology services for compensation in this state shall be 
 licensed as a salon if not employed by another licensed salon or 
 as an esthetician in a licensed physician's area.  

    Subd. 2.    Requirements.  (a) The conditions and 
 process by which a salon is licensed shall be established by the 
 board by rule.  In addition to those requirements, no license 
 shall be issued unless the board first determines that the 
 conditions in clauses (1) to (5) have been satisfied:  

    (1) compliance with all local and state laws, particularly 
 relating to matters of sanitation, health, and safety; 

    (2) the employment of a manager, as defined in section 
 155A.03, subdivision 6; 

    (3) inspection and licensing prior to the commencing of 
 business; 

    (4) if applicable, evidence of compliance with section 
 176.182; and 

    (5) evidence of continued professional liability insurance 
 coverage of at least $25,000 for each claim and $50,000 total 
 coverage for each policy year for each operator.  

    (b) A licensed esthetician or manicurist who complies with 
 the health, safety, sanitation, inspection, and insurance rules 
 promulgated by the board to operate a salon solely for the 
 performance of those personal services defined in section 
 155A.03, subdivision 4, in the case of an esthetician, or 
 subdivision 5, in the case of a manicurist. 

    Subd. 3.    Health and sanitary standards.  Minimum 
 health and sanitary 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.  

    Subd. 4.    Renewal.  Licenses shall be renewed every 
 three years by a process established by rule.  

    Subd. 5.    Fees.  The licensing and inspection fees are 
 as specified in section 155A.045.  

    HIST: 1981 c 357 s 38; 1983 c 289 s 114 subd 1; 1983 c 293 s 
 65; 1984 c 655 art 1 s 92; 1985 c 247 s 19; 1993 c 204 s 16,17; 
 1996 c 439 art 1 s 13; 2004 c 269 art 3 s 34-36 

     155A.09 Schools. 

    Subdivision 1.    Licensing.  Any person who establishes 
 or conducts a school in this state shall be licensed.  

    Subd. 2.    Standards.  The board shall by rule 
 establish minimum standards of course content and length 
 specific to the educational preparation prerequisite to testing 
 and licensing as cosmetologist, esthetician, and manicurist.  

    Subd. 3.    Applications.  Application for a license 
 shall be prepared on forms furnished by the board and shall 
 contain the following and such other information as may be 
 required:  

    (1) the name of the school, together with ownership and 
 controlling officers, members, and managing employees; 

    (2) the specific fields of instruction which will be 
 offered and reconciliation of the course content and length to 
 meet the minimum standards, as prescribed in subdivision 2; 

    (3) the place or places where instruction will be given; 

    (4) a listing of the equipment available for instruction in 
 each course offered; 

    (5) the maximum enrollment to be accommodated; 

    (6) a listing of instructors, all of whom shall be licensed 
 as provided in section 155A.07, subdivision 2, except that any 
 school may use occasional instructors or lecturers who would add 
 to the general or specialized knowledge of the students but who 
 need not be licensed; 

    (7) a current balance sheet, income statement or 
 documentation to show sufficient financial worth and 
 responsibility to properly conduct a school and to assure 
 financial resources ample to meet the school's financial 
 obligations; 

    (8) other financial guarantees which would assure 
 protection of the public as determined by rule; and 

    (9) a copy of all written material which the school uses to 
 solicit prospective students, including but not limited to a 
 tuition and fee schedule, and all catalogues, brochures and 
 other recruitment advertisements.  Each school shall annually, 
 on a date determined by the board, file with the board any new 
 or amended materials which it has distributed during the past 
 year.  

    Subd. 4.    Verification of application.  Each 
 application shall be signed and certified to under oath by the 
 proprietor if the applicant is a proprietorship, by the managing 
 partner if the applicant is a partnership, or by the authorized 
 officers of the applicant if the applicant is a corporation, 
 association, company, firm, society or trust.  

    Subd. 5.    Conditions precedent to issuance.  A license 
 must not be issued unless the board first determines that the 
 applicant has met the requirements in clauses (1) to (8). 

    (1) The applicant must have a sound financial condition 
 with sufficient resources available to meet the school's 
 financial obligations; to refund all tuition and other charges, 
 within a reasonable period of time, in the event of dissolution 
 of the school or in the event of any justifiable claims for 
 refund against the school; to provide adequate service to its 
 students and prospective students; and to maintain proper use 
 and support of the school. 

    (2) The applicant must have satisfactory training 
 facilities with sufficient tools and equipment and the necessary 
 number of work stations to adequately train the students 
 currently enrolled, and those proposed to be enrolled. 

    (3) The applicant must employ a sufficient number of 
 qualified instructors trained by experience and education to 
 give the training contemplated. 

    (4) The premises and conditions under which the students 
 work and study must be sanitary, healthful, and safe according 
 to modern standards. 

    (5) Each occupational course or program of instruction or 
 study must be of such quality and content as to provide 
 education and training which will adequately prepare enrolled 
 students for testing, licensing, and entry level positions as a 
 cosmetologist, esthetician, or manicurist. 

    (6) The school must have coverage by professional liability 
 insurance of at least $25,000 per incident and an accumulation 
 of $150,000 for each premium year. 

    (7) The applicant shall provide evidence of the school's 
 compliance with section 176.182. 

    (8) The applicant, except the state and its political 
 subdivisions as described in section 471.617, subdivision 1, 
 shall file with the board a continuous corporate surety bond in 
 the amount of $10,000, conditioned upon the faithful performance 
 of all contracts and agreements with students made by the 
 applicant.  The bond shall run to the state of Minnesota and to 
 any person who may have a cause of action against the applicant 
 arising at any time after the bond is filed and before it is 
 canceled for breach of any contract or agreement made by the 
 applicant with any student.  The aggregate liability of the 
 surety for all breaches of the conditions of the bond shall not 
 exceed $10,000.  The surety of the bond may cancel it upon 
 giving 60 days' notice in writing to the board and shall be 
 relieved of liability for any breach of condition occurring 
 after the effective date of cancellation. 

    Subd. 6.    Fees; renewals.  (a) Applications for 
 initial license under sections 155A.01 to 155A.16 shall be 
 accompanied by a nonrefundable application fee set forth in 
 section 155A.045. 

    (b) License duration shall be three years.  Each renewal 
 application shall be accompanied by a nonrefundable renewal fee 
 set forth in section 155A.045.  

    (c) Application for renewal of license shall be made as 
 provided in rules adopted by the board and on forms supplied by 
 the board.  

    Subd. 7.    Inspections.  All schools may be inspected 
 as often as the board considers necessary to affirm compliance.  
 The board shall have the authority to assess the cost of the 
 inspection to the school.  

    Subd. 8.    List of licensed schools; availability.  The 
 board shall maintain and make available to the public a list of 
 licensed schools.  

    Subd. 9.    Separation of school and professional 
 departments.  A school shall display in the entrance reception 
 room of its student section a sign prominently and conspicuously 
 indicating that all work therein is done exclusively by 
 students.  Professional departments of a school shall be run as 
 entirely separate and distinct businesses and shall have 
 separate entrances.  

    Nothing contained in sections 155A.01 to 155A.16 shall 
 prevent a school from charging for student work done in the 
 school to cover the cost of materials used and expenses incurred 
 in and for the operation of the school.  All of the student work 
 shall be prominently and conspicuously advertised and held forth 
 as being student work and not otherwise.  

    Subd. 10.    Discrimination prohibited.  No school, duly 
 approved under sections 155A.01 to 155A.16, shall refuse to 
 teach any student, otherwise qualified, on account of race, sex, 
 creed, color, citizenship, national origin, or sexual preference.

    HIST: 1981 c 357 s 39; 1983 c 289 s 114 subd 1; 1984 c 655 art 
 1 s 92; 1993 c 204 s 18-21; 1996 c 439 art 1 s 14; 2004 c 269 
 art 3 s 37 

     155A.095 Inspections. 

    The board is responsible for inspecting salons and schools 
 licensed pursuant to sections 155A.01 to 155A.16 to assure 
 compliance with the requirements of sections 155A.01 to 
 155A.16.  The board shall direct board resources first to the 
 inspection of those licensees who fail to meet the requirements 
 of law, have indicated that they present a greater risk to the 
 public, or have otherwise, in the opinion of the board, 
 demonstrated that they require a greater degree of regulatory 
 attention.  

    HIST: 1993 c 204 s 22; 1996 c 439 art 1 s 15; 2004 c 269 art 3 
 s 38 

     155A.10 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.01 to 155A.16 shall be 
 construed to prohibit a person licensed to provide cosmetology 
 services from engaging in any practices defined in sections 
 155A.01 to 155A.16 in the homes of customers or patrons, under 
 the sanitary and health rules promulgated by the board.  

    HIST: 1981 c 357 s 40; 1983 c 289 s 114 subd 1; 1984 c 655 art 
 1 s 92; 1993 c 204 s 23; 2004 c 269 art 3 s 39 

  155A.11 Repealed, 1993 c 204 s 28 

  155A.12 Repealed, 1993 c 204 s 28 

  155A.13 Repealed, 1993 c 204 s 28 

     155A.135 Enforcement. 

    The provisions of section 45.027 apply to the 
 administration of sections 155A.01 to 155A.16. 

    HIST: 1993 c 204 s 24; 2004 c 269 art 3 s 40 

     155A.14 Services excepted; emergency. 

    Nothing in sections 155A.01 to 155A.16 prohibits services 
 in cases of emergency where compensation or other reward is not 
 received, nor in domestic service, nor in the practice of 
 medicine, surgery, dentistry, podiatry, osteopathy, 
 chiropractic, or barbering.  This section shall not be construed 
 to authorize any of the persons so exempted to wave the hair, or 
 to color, tint, or bleach the hair, in any manner.  

    HIST: 1981 c 357 s 44; 1993 c 204 s 25; 2004 c 269 art 3 s 41 

     155A.15 Appointment of agent for service of process. 

    Any person, firm, partnership, or corporation, not a 
 resident of Minnesota, who engages in Minnesota in the practices 
 regulated in sections 155A.01 to 155A.16 shall file with the 
 board the name and address of a duly authorized agent for 
 service of legal process, which agent for service shall be a 
 resident of the state of Minnesota.  

    HIST: 1981 c 357 s 45; 1983 c 289 s 114 subd 1; 1984 c 655 art 
 1 s 92; 1993 c 204 s 26; 2004 c 269 art 3 s 42 

     155A.16 Violations; penalties. 

    Any person who violates any of the provisions of sections 
 155A.01 to 155A.16 is guilty of a misdemeanor and upon 
 conviction may be sentenced to imprisonment for not more than 90 
 days or fined not more than $700, or both, per violation. 

    HIST: 1981 c 357 s 46; 1984 c 628 art 3 s 11; 1993 c 204 s 27; 
 2004 c 269 art 3 s 43 

  155A.17 Repealed, 1983 c 289 s 119 

  155A.18 Repealed, 1993 c 204 s 28