2006 Minnesota Statutes

CHAPTER 154. BARBERS AND COSMETOLOGISTS

154.001 BOARD OF BARBER AND COSMETOLOGIST EXAMINERS CREATED;
TERMS.
(a) A Board of Barber and Cosmetologist Examiners is established to consist of three barber
members, three cosmetologist 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.
(c) All cosmetologist members must be currently licensed in the field of cosmetology in
Minnesota, have practiced in the licensed occupation for at least five years immediately prior to
their appointment, be graduates from the 12th grade of high school or have equivalent education,
and have knowledge of sections 154.40 to 154.54 and Minnesota Rules, chapters 2642 and 2644.
The cosmetologist members shall be members of, or recommended by, a professional organization
of cosmetologists, manicurists, or estheticians.
(d) 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.
(e) Members appointed to fill vacancies caused by death, resignation, or removal shall serve
during the unexpired term of their predecessors.
(f) The barber members of the board shall separately oversee administration, enforcement,
and regulation of, and adoption of rules under, sections 154.001, 154.002, 154.003, 154.01 to
154.161, 154.19 to 154.21, and 154.24 to 154.26. The cosmetologist members of the board
shall separately oversee administration, enforcement, and regulation of, and adoption of rules
under, sections 154.40 to 154.54. Staff hired by the board, including inspectors, shall serve both
professions.
History: (5846-21) 1927 c 316 s 21; 1929 c 270 s 22; 1973 c 376 s 4; 1973 c 638 s 34;
1975 c 136 s 38; 1976 c 222 s 105; 1976 c 239 s 60; 1991 c 199 art 1 s 47; 1991 c 282 s 22;
2004 c 269 art 3 s 18; 2005 c 27 s 2,9

154.002 OFFICERS; COMPENSATION; FEES; EXPENSES.
The Board of Barber and Cosmetologist Examiners shall annually elect a chair and secretary.
It shall adopt and use a common seal for the authentication of its orders and records. The board
shall appoint an executive secretary who shall not be a member of the board and who shall
be in the unclassified civil service.
The executive secretary shall keep a record of all proceedings of the board. The expenses of
administering this chapter shall be paid from the appropriations made to the Board of Barber and
Cosmetologist Examiners.
Each member of the board shall take the oath provided by law for public officers.
A majority of the board, in meeting assembled, may perform and exercise all the duties and
powers devolving upon the board.
The members of the board shall receive compensation for each day spent on board activities,
but not to exceed 20 days in any calendar month nor 100 days in any calendar year.
The board shall have authority to employ such inspectors, clerks, deputies, and other
assistants as it may deem necessary to carry out the provisions of this chapter.
History: (5846-22) 1927 c 316 s 22; 1929 c 270 s 23; 1947 c 36 s 1; 1949 c 31 s 1; 1951 c
83 s 1; 1955 c 847 s 17; 1963 c 757 s 1; 1967 c 692 s 4; 1973 c 638 s 35; 1975 c 136 s 39; 1976 c
222 s 106; 1986 c 444; 2004 c 269 art 3 s 19; 2005 c 27 s 9

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 executive secretary of the board. The executive secretary 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, $65;
(2) examination and certificate, apprentice, $60;
(3) examination, instructor, $160;
(4) certificate, instructor, $45;
(5) temporary teacher or apprentice permit, $50;
(6) renewal of license, registered barber, $50;
(7) renewal of license, apprentice, $45;
(8) renewal of license, instructor, $60;
(9) renewal of temporary teacher permit, $35;
(10) student permit, $25;
(11) initial shop registration, $60;
(12) initial school registration, $1,010;
(13) renewal shop registration, $60;
(14) renewal school registration, $260;
(15) restoration of registered barber license, $75;
(16) restoration of apprentice license, $70;
(17) restoration of shop registration, $85;
(18) change of ownership or location, $35;
(19) duplicate license, $20; and
(20) home study course, $75.
History: (5846-18) 1927 c 316 s 18; 1929 c 270 s 18; 1947 c 373 s 1; 1967 c 593 s 3; 1967
c 692 s 3; 1973 c 376 s 3; 1986 c 444; 1988 c 476 s 4; 1991 c 282 s 21; 2004 c 269 art 3 s
15; 2005 c 27 s 1,9

154.01 REGISTRATION MANDATORY.
(a) 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 154.161, 154.19 to 154.21, and 154.24 to 154.26 by the
Board of Barber and Cosmetologist Examiners.
(b) No person shall serve, offer to serve, or attempt to serve as an apprentice under a
registered barber without a current certificate of registration as a registered apprentice or
temporary apprentice permit issued pursuant to provisions of sections 154.001, 154.002,
154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26 by the Board of Barber and
Cosmetologist Examiners. The registered apprentice shall, prior to or immediately upon issuance
of the apprentice's certificate of registration, and immediately after changing employment, advise
the board of the name, address, and certificate number of the registered barber under whom
the registered apprentice is working.
(c) 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 under sections 154.001, 154.002, 154.003, 154.01 to
154.161, 154.19 to 154.21, and 154.24 to 154.26 by the Board of Barber and Cosmetologist
Examiners.
(d) 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 154.161, 154.19 to 154.21, and 154.24 to 154.26 by the
Board of Barber and Cosmetologist Examiners.
(e) 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 154.161, 154.19 to 154.21, and 154.24 to 154.26 by the Board of Barber and
Cosmetologist Examiners.
History: (5846-1) 1927 c 316 s 1; 1929 c 270 s 1; 1986 c 444; 1991 c 282 s 1; 2004 c
269 art 3 s 2; 2005 c 27 s 9

154.02 WHAT CONSTITUTES BARBERING.
Any one or any combination of the following practices when done upon the head 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 154.161, 154.19 to 154.21, and 154.24 to 154.26: to shave, trim the beard, cut or bob
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 or treatments 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 scalp, face, or neck.
History: (5846-2) 1927 c 316 s 2; 1929 c 270 s 2; 1935 c 229 s 1; 2004 c 269 art 3 s
3; 2005 c 27 s 9

154.03 APPRENTICES MAY BE EMPLOYED.
A registered apprentice may practice barbering only if the registered apprentice is, at all
times, under the immediate personal supervision of a registered barber and is in compliance
with sections 154.001, 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to
154.26 and the rules of the board.
History: (5846-3) 1927 c 316 s 3; 1929 c 270 s 3; 1973 c 376 s 1; 1983 c 243 s 2; 1986 c
444; 1991 c 282 s 2; 2004 c 269 art 3 s 4; 2005 c 27 s 9

154.04 PERSONS EXEMPT FROM REGISTRATION.
The following persons are exempt from the provisions of sections 154.001, 154.002,
154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26 while in the proper discharge
of their professional duties:
(1) persons authorized by the law of this state to practice medicine, surgery, osteopathy,
and chiropractic;
(2) commissioned medical or surgical officers of the United States armed services;
(3) registered nurses, licensed practical nurses, and nursing aides performing services
under the direction and supervision of a registered nurse, provided, however, that no additional
compensation shall be paid for such service and patients who are so attended shall not be charged
for barbering;
(4) cosmetologists, provided, however, that cosmetologists shall not hold themselves out as
barbers or, except in the case of manicurists, practice their occupation in a barber shop; and
(5) persons who perform barbering services for charitable purposes in nursing homes,
shelters, missions, or other similar facilities, provided, however, that no direct or indirect
compensation is received for the services, and that persons who receive barbering services are
not charged for the services.
History: (5846-4) 1927 c 316 s 4; 1929 c 270 s 4; 1973 c 597 s 1; 1974 c 62 s 2; 1976 c 222
s 104; 1991 c 282 s 3; 1995 c 59 s 1; 2004 c 269 art 3 s 5; 2005 c 27 s 9

154.05 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A REGISTERED
BARBER.
A person is qualified to receive a certificate of registration as a registered barber:
(1) who is qualified under the provisions of section 154.06;
(2) who has practiced as a registered apprentice for a period of 12 months under the
immediate personal supervision of a registered barber; and
(3) who has passed an examination conducted by the board to determine fitness to practice
barbering.
An applicant for a certificate of registration to practice as a registered barber who fails to
pass the examination conducted by the board shall continue to practice as an apprentice for an
additional two months before being again entitled to take the examination for a registered barber.
History: (5846-5) 1927 c 316 s 5; 1929 c 270 s 5; 1945 c 160 s 1; 1986 c 444; 1988 c 476
s 1; 1991 c 282 s 4

154.06 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A REGISTERED
APPRENTICE.
A person is qualified to receive a certificate of registration as a registered apprentice:
(1) who has completed at least ten grades of an approved school;
(2) who has graduated from a barber school approved by the board; and
(3) who has passed an examination conducted by the board to determine fitness to practice
as a registered apprentice.
An applicant for a certificate of registration to practice as an apprentice who fails to pass
the examination conducted by the board is required to complete a further course of study of
at least 500 hours, of not more than eight hours in any one working day, in a barber school
approved by the board.
A certificate of registration of an apprentice shall be valid for four years from the date the
certificate of registration is issued by the board and shall not be renewed. During the four-year
period the certificate of registration shall remain in full force and effect only if the apprentice
complies with all the provisions of sections 154.001, 154.002, 154.003, 154.01 to 154.161, 154.19
to 154.21, and 154.24 to 154.26, including the payment of an annual fee, and the rules of the board.
If a registered apprentice, during the term in which the certificate of registration is in effect,
enters full-time active duty in the armed forces of the United States of America, the expiration
date of the certificate of registration shall be extended by a period of time equal to the period
or periods of active duty.
History: (5846-6) 1927 c 316 s 6; 1929 c 270 s 6; 1935 c 229 s 2; 1945 c 160 s 2; Ex1967
c 31 s 1; 1969 c 916 s 1; 1985 c 248 s 70; 1986 c 444; 1991 c 282 s 5; 2004 c 269 art 3 s
6; 2005 c 27 s 9

154.065 BARBER SCHOOLS AND COLLEGES.
    Subdivision 1.[Repealed, 1991 c 282 s 23]
    Subd. 2. Qualifications. A person is qualified to receive a certificate of registration as an
instructor of barbering who:
(1) is a graduate from an approved high school, or its equivalent, as determined by
examination by the Department of Education;
(2) has qualified for a teacher's or instructor's vocational certificate;
(3) has at least three years experience as a registered barber in this state, or its equivalent as
determined by the board; and
(4) has passed an examination conducted by the board to determine fitness to instruct in
barbering.
A certificate of registration under this section is provisional until a teacher's or instructor's
vocational certificate has been issued by the Department of Education. A provisional certificate of
registration is valid for 30 days and is not renewable.
    Subd. 3.[Repealed, 1991 c 282 s 23]
    Subd. 4. Examinations. Examinations under this section shall be held not to exceed twice a
year at times and at a place or places to be determined by the board. In case of an emergency,
there being no registered instructor of barbering available, a temporary certificate as an instructor
of barbering, valid only until the results of the next examination are released, may be issued upon
such terms and conditions as the board may prescribe.
    Subd. 5.[Repealed, 1991 c 282 s 23]
    Subd. 6.[Repealed, 1976 c 222 s 209]
    Subd. 7.[Repealed, 1991 c 282 s 23]
    Subd. 8.[Repealed, 1991 c 282 s 23]
History: 1945 c 159; 1967 c 692 s 1,2; 1985 c 248 s 70; 1986 c 444; 1989 c 62 s 1; 1991 c
282 s 6,7; 1Sp1995 c 3 art 16 s 13; 2003 c 130 s 12

154.07 BARBER SCHOOLS; REQUIREMENTS.
    Subdivision 1. Admission requirements; course of instruction. No barber school shall be
approved by the board unless it requires, as a prerequisite to admission, ten grades of an approved
school or its equivalent, as determined by 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 eight hours 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
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 straightening of hair.
    Subd. 2.[Repealed, 1991 c 282 s 23]
    Subd. 3. Costs. It is permissible for barber schools to make a reasonable charge for materials
used and services rendered by students for work done in the schools by students.
    Subd. 3a. Number of instructors. There must be one registered instructor of barbering
for every 17 students or minor fraction in excess of 17. Instruction must not be performed by
persons not possessing a certificate of registration as an instructor of barbering or a temporary
permit as an instructor of barbering.
    Subd. 4. Building requirements. Each barber school must be conducted and operated in one
building, or in connecting buildings, and a barber school must not have any department or branch
in a building completely separated or removed from the remainder of the barber school.
    Subd. 5. Owner's requirements. Any person may own and operate a barber school if the
person has had six years' continuous experience as a barber, provided the person first secures from
the board an annual certificate of registration as a barber school, keeps it prominently displayed,
and before commencing business:
(1) files with the secretary of state a bond to the state approved by the attorney general in
the sum of $25,000, conditioned upon the faithful compliance of the barber school with sections
154.001, 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26, and to
pay all judgments that may be obtained against the school, or the owners thereof, on account of
fraud, misrepresentation, or deceit practiced by them or their agents; and
(2) keeps prominently displayed on the exterior a substantial sign indicating that the
establishment is a barber school.
    Subd. 5a. Student permits. All barber schools upon receiving students shall immediately
apply to the board for student permits upon forms for that purpose furnished by the board.
    Subd. 5b. Designated operator. When a person who owns a barber school does not meet
the requirements of this section to operate a barber school, the owner shall notify the board in
writing and under oath of the identity of the person designated to operate the barber school and
shall notify the board of any change of operator by telephone within 24 hours of such change,
exclusive of Saturdays, Sundays, and legal holidays, and shall notify the board in writing and
under oath within 72 hours of such change.
    Subd. 6. Operation by technical college or state institution. A public technical college
or a state institution may operate a barber school provided it has in its employment a qualified
instructor holding a current certificate of registration as a barber instructor and provided that
it secures from the board an annual certificate of registration and does so in accordance with
sections 154.001, 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26
and the rules of the board for barber schools but without the requirement to file a performance
bond with the secretary of state.
History: (5846-7) 1927 c 316 s 7; 1929 c 270 s 7; 1935 c 229 s 3; 1945 c 160 s 3; Ex1967 c
31 s 2; 1969 c 567 s 3; 1971 c 150 s 1; 1973 c 254 s 3; 1977 c 430 s 25 subd 1; 1985 c 248 s 70;
1Sp1985 c 14 art 9 s 75; 1987 c 258 s 12; 1988 c 476 s 2; 1989 c 246 s 2; 1991 c 282 s 8-12;
1998 c 398 art 5 s 55; 2003 c 130 s 12; 2004 c 269 art 3 s 7; 2005 c 27 s 9

154.08 APPLICATION; FEE.
Each applicant for an examination shall:
(1) make application to the Board of Barber and Cosmetologist Examiners on blank forms
prepared and furnished by it, the application to contain proof under the applicant's oath of the
particular qualifications of the applicant;
(2) furnish to the board two five inch x three inch signed photographs of the applicant, one to
accompany the application and one to be returned to the applicant, to be presented to the board
when the applicant appears for examination; and
(3) pay to the board the required fee.
History: (5846-8) 1927 c 316 s 8; 1929 c 270 s 8; 2004 c 269 art 3 s 8

154.085 [Repealed, 1991 c 282 s 23]

154.09 EXAMINATIONS, CONDUCT AND SCOPE.
The board shall conduct examinations of applicants for certificates of registration to practice
as barbers and apprentices not more than six times each year, at such time and place as the board
may determine. An affidavit shall be filed with the board by the proprietor of a barber school that
students applying to take the apprentice examination have completed 1,500 hours in a barber
school registered with the board.
The examination of applicants for certificates of registration as barbers and apprentices shall
include both a practical demonstration and a written and oral test and embrace the subjects usually
taught in barber schools registered with the board.
History: (5846-9) 1927 c 316 s 9; 1929 c 270 s 9; 1935 c 229 s 4; 1945 c 160 s 4; 1969
c 916 s 2; 1988 c 476 s 3; 1991 c 282 s 13

154.10 APPLICATION; CERTIFICATES OF REGISTRATION; FEES.
    Subdivision 1. Application. Each applicant for an initial certificate of registration shall make
application to the board on forms prepared and furnished by the board with proof under oath of
the particular qualifications of each applicant. This application shall be accompanied by a fee
prescribed by law or the rules of the board to defray the expenses of making investigation and for
the examination of such applicant.
    Subd. 2. Certificates of registration; fees. When the provisions of this chapter have been
complied with, the board shall issue a certificate of registration as a registered barber, as a
registered apprentice, as a registered instructor of barbering, or as a registered barber school,
a temporary apprentice permit, a temporary permit as an instructor of barbering, or a shop
registration card upon payment of the required fee. Certificates of registration, temporary permits,
and shop registration cards are not transferable.
History: (5846-10) 1927 c 316 s 10; 1929 c 270 s 10; 1947 c 35 s 1; 1991 c 282 s 14

154.11 EXAMINATION OF NONRESIDENT BARBERS AND INSTRUCTORS OF
BARBERING; TEMPORARY APPRENTICE PERMITS.
    Subdivision 1. Examination of nonresidents. A person who meets all of the requirements
for barber registration in sections 154.001, 154.002, 154.003, 154.01 to 154.161, 154.19 to
154.21, and 154.24 to 154.26 and either has a license, certificate of registration, or an equivalent
as a practicing barber or instructor of barbering from another state or country 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 154.161,
154.19 to 154.21, and 154.24 to 154.26 or can prove by sworn affidavits practice as a barber or
instructor of barbering in another state or country for at least five years immediately prior to
making application in this state, shall, upon payment of the required fee, be issued a certificate
of registration without examination, provided that the other state or country grants the same
privileges to holders of Minnesota certificates of registration.
    Subd. 2. Temporary apprentice permits for nonresidents. Any person who qualifies for
examination as a registered barber under this section may apply for a temporary apprentice permit
which is effective no longer than six months. All persons holding a temporary apprentice permit
are subject to all provisions of sections 154.001, 154.002, 154.003, 154.01 to 154.161, 154.19 to
154.21 , and 154.24 to 154.26 and the rules adopted by the board under those sections concerning
the conduct and obligations of registered apprentices.
History: (5846-11) 1927 c 316 s 11; 1929 c 270 s 11; 1935 c 229 s 5; 1986 c 444; 1991 c
282 s 15; 1994 c 632 art 4 s 54; 2004 c 269 art 3 s 9; 2005 c 27 s 9

154.12 EXAMINATION OF NONRESIDENT APPRENTICES.
A person who meets all of the requirements for registration as a barber in sections 154.001,
154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26 and who has
a license, a certificate of registration, or its equivalent as an apprentice in a state or country
which in the discretion of the board has substantially the same requirements for registration as
an apprentice as is provided by sections 154.001, 154.002, 154.003, 154.01 to 154.161, 154.19
to 154.21, and 154.24 to 154.26, shall, upon payment of the required fee, be issued a certificate
of registration without examination, provided that the other state or country grants the same
privileges to holders of Minnesota certificates of registration.
History: (5846-12) 1927 c 316 s 12; 1929 c 270 s 12; 1935 c 229 s 6; 1986 c 444; 1991 c
282 s 16; 1994 c 632 art 4 s 55; 2004 c 269 art 3 s 10; 2005 c 27 s 9

154.13 [Repealed, 1991 c 282 s 23]

154.14 CERTIFICATES OF REGISTRATION AND TEMPORARY PERMITS TO BE
DISPLAYED.
Every holder of a certificate of registration as a registered barber or registered apprentice
or temporary apprentice permit shall display it in a conspicuous place adjacent to or near the
chair where work is performed. Every holder of a certificate of registration as an instructor of
barbering or as a barber school, of a temporary permit as an instructor of barbering, and of a shop
registration card shall display it in a conspicuous place accessible to the public.
History: (5846-14) 1927 c 316 s 14; 1929 c 270 s 14; 1986 c 444; 1991 c 282 s 17

154.15 CERTIFICATES OF REGISTRATION MUST BE RENEWED ANNUALLY.
    Subdivision 1. Annual renewal required. All registered barbers, registered apprentices, and
registered instructors of barbering who continue in active practice or service shall, on or before
December 31 each year, renew their certificates of registration for the following year and pay the
required fee. Every certificate of registration which has not been renewed during the month of
December in any year shall expire on the 31st day of December in that year. All shop registration
cards shall be renewed on or before June 30 of each year upon payment of the required fee. All
certificates of registration as a barber school shall be renewed on or before December 31 of
each year upon payment of the required fee.
    Subd. 2. Effect of failure to renew. A registered barber or a registered apprentice who has
not renewed a certificate of registration may be reinstated within one year of such failure to renew
without examination upon the payment of the required restoration fee. A registered instructor of
barbering who has not renewed a certificate of registration may be reinstated within three years
of such failure to renew without examination upon payment of the required restoration fee. All
registered barbers and registered apprentices who allow their certificates of registration to lapse for
more than one year shall be required to reexamine before being issued a certificate of registration.
All registered instructors of barbering who allow their certificates of registration to lapse for more
than three years shall be required to reexamine before being issued a certificate of registration.
History: (5846-15) 1927 c 316 s 15; 1929 c 270 s 15; 1935 c 229 s 7; 1986 c 444; 1991
c 282 s 18

154.16 [Repealed, 1994 c 632 art 4 s 84]

154.161 REGISTRATION; ISSUANCE, REVOCATION, SUSPENSION, DENIAL.
    Subdivision 1. Proceedings. If the board, or a complaint committee if authorized by the
board, has a reasonable basis for believing that a person has engaged in or is about to engage
in a violation of a statute, rule, or order that the board has adopted or issued or is empowered
to enforce, the board or complaint committee may proceed as provided in subdivision 2 or 3.
Except as otherwise provided in this section, all hearings must be conducted in accordance with
the Administrative Procedure Act.
    Subd. 2. Legal actions. (a) When necessary to prevent an imminent violation of a statute,
rule, or order that the board has adopted or issued or is empowered to enforce, the board, or a
complaint committee if authorized by the board, may bring an action in the name of the state in
the District Court of Ramsey County in which jurisdiction is proper to enjoin the act or practice
and to enforce compliance with the statute, rule, or order. On a showing that a person has engaged
in or is about to engage in an act or practice that constitutes a violation of a statute, rule, or order
that the board has adopted or issued or is empowered to enforce, the court shall grant a permanent
or temporary injunction, restraining order, or other appropriate relief.
(b) For purposes of injunctive relief under this subdivision, irreparable harm exists when
the board shows that a person has engaged in or is about to engage in an act or practice that
constitutes violation of a statute, rule, or order that the board has adopted or issued or is
empowered to enforce.
(c) Injunctive relief granted under paragraph (a) does not relieve an enjoined person from
criminal prosecution by a competent authority, or from action by the board under subdivision
3, 4, 5, or 6 with respect to the person's registration, certificate, or application for examination,
registration, or renewal.
    Subd. 3. Cease and desist orders. (a) The board, or complaint committee if authorized by
the board, may issue and have served upon an unlicensed person, or a holder of a certificate of
registration or a shop registration card, an order requiring the person to cease and desist from an
act or practice that constitutes a violation of a statute, rule, or order that the board has adopted
or issued or is empowered to enforce. The order must (1) give reasonable notice of the rights of
the person named in the order to request a hearing, and (2) state the reasons for the entry of
the order. No order may be issued under this subdivision until an investigation of the facts has
been conducted under section 214.10.
(b) Service of the order under this subdivision is effective when the order is personally
served on the person or counsel of record, or served by certified mail to the most recent address
provided to the board for the person or counsel of record.
(c) The board must hold a hearing under this subdivision not later than 30 days after the
board receives the request for the hearing, unless otherwise agreed between the board, or
complaint committee if authorized by the board, and the person requesting the hearing.
(d) Notwithstanding any rule to the contrary, the administrative law judge must issue a report
within 30 days of the close of the contested case hearing. Within 30 days after receiving the
report and subsequent exceptions and argument, the board shall issue a further order vacating,
modifying, or making permanent the cease and desist order. If no hearing is requested within 30
days of service of the order, the order becomes final and remains in effect until modified or
vacated by the board.
    Subd. 4. Registration actions. (a) With respect to a person who is a holder of or applicant
for registration or a shop registration card under sections 154.001, 154.002, 154.003, 154.01
to 154.161, 154.19 to 154.21, and 154.24 to 154.26, the board may by order deny, refuse to
renew, suspend, temporarily suspend, or revoke the application, certificate of registration, or
shop registration card, 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 to the practice of barbering, if the fraudulent, deceptive, or dishonest conduct
or acts reflect adversely on the person's ability or fitness to engage in the practice of barbering;
(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 barbering;
(4) employed fraud or deception in obtaining a certificate of registration, shop registration
card, renewal, or reinstatement, or in passing all or a portion of the examination;
(5) had a certificate of registration or shop registration card, 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 certificate of
registration or shop registration card;
(7) practiced as a barber 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;
(10) demonstrated unprofessional conduct or practice;
(11) permitted an employee or other person under the person's supervision or control to
practice as a registered barber, registered apprentice, or registered instructor of barbering unless
that person has (i) a current certificate of registration as a registered barber, registered apprentice,
or registered instructor of barbering, (ii) a temporary apprentice permit, or (iii) a temporary
permit as an instructor of barbering;
(12) practices, offered to practice, or attempted to practice by misrepresentation;
(13) failed to display a certificate of registration as required by section 154.14;
(14) used any room or place of barbering that is also used for any other purpose, or used any
room or place of barbering that violates the board's rules governing sanitation;
(15) in the case of a barber, apprentice, or other person working in or in charge of any
barber shop, or any person in a barber school engaging in the practice of barbering, 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 barber or other person in charge of any barber shop or barber school, (i)
failed to supply in a sanitary manner clean hot and cold water in quantities necessary to conduct
the shop or barbering service for the school, (ii) failed to have water and sewer connections from
the shop or barber 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) refused to permit the board to make an inspection permitted or required by sections
154.001, 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26, or failed
to provide the board or the attorney general on behalf of the board with any documents or
records they request;
(18) failed promptly to renew a certificate of registration or shop registration card when
remaining in practice, pay the required fee, or issue a worthless check;
(19) failed to supervise a registered apprentice or temporary apprentice, or permitted the
practice of barbering by a person not registered 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 barber schools; or
(22) 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 registration, termination of suspension, reinstatement of 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) complete 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 personally on,
or is served by certified mail to the most recent address provided to the board by the certificate
holder, 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.
    Subd. 5. Temporary suspension. (a) When the board, or complaint committee if authorized
by the board, issues a temporary suspension order, the suspension provided for in the order is
effective on service of a written copy of the order on the certificate holder or counsel of record.
The order must specify the statute, rule, or order violated by the certificate holder. The order
remains in effect until the board issues a final order in the matter after a hearing, or on agreement
between the board and the certificate holder.
(b) An order under this subdivision may (1) prohibit the certificate holder from engaging in
the practice of barbering in whole or in part, as the facts require, and (2) condition the termination
of the suspension on compliance with a statute, rule, or order that the board has adopted or issued
or is empowered to enforce. The order must state the reasons for entering the order and must set
forth the right to a hearing as provided in this subdivision.
(c) Within ten days after service of an order under this subdivision, the certificate holder
may request a hearing in writing. The board must hold a hearing before its own members within
five working days of the request for a hearing. The sole issue at such a hearing must be whether
there is a reasonable basis to continue, modify, or terminate the temporary suspension. The
hearing is not subject to the Administrative Procedure Act. Evidence presented to the board or the
certificate holder may be in affidavit form only. The certificate holder or counsel of record may
appear for oral argument.
(d) Within five working days after the hearing, the board shall issue its order and, if the order
continues the suspension, shall schedule a contested case hearing within 30 days of the issuance
of the order. Notwithstanding any rule to the contrary, the administrative law judge shall issue a
report within 30 days after the closing of the contested case hearing record. The board shall issue
a final order within 30 days of receiving the report.
    Subd. 6. Violations; penalties; costs. (a) The board may impose a civil penalty of up to
$2,000 per violation on a person who violates a statute, rule, or order that the board has adopted
or issued or is empowered to enforce.
(b) In addition to any penalty under paragraph (a), the board may impose a fee to reimburse
the board for all or part of the cost of (1) the proceedings resulting in disciplinary action
authorized under this section, (2) the imposition of a civil penalty under paragraph (a), or (3) the
issuance of a cease and desist order. The board may impose a fee under this paragraph when the
board shows that the position of the person who has violated a statute, rule, or order that the
board has adopted or issued or is empowered to enforce is not substantially justified unless
special circumstances make such a fee unjust, notwithstanding any rule to the contrary. Costs
under this paragraph include, but are not limited to, the amount paid by the board for services
from the Office of Administrative Hearings, attorneys' fees, court reporter costs, witness costs,
reproduction of records, board members' compensation, board staff time, and expense incurred by
board members and staff.
(c) All hearings under this subdivision must be conducted in accordance with the
Administrative Procedure Act.
    Subd. 7. Reinstatement. The board may reinstate a suspended, revoked, or surrendered
certificate of registration or shop registration card, on petition of the former or suspended
registrant. The board may in its sole discretion place any conditions on reinstatement of a
suspended, revoked, or surrendered certificate of registration or shop registration card that it finds
appropriate and necessary to ensure that the purposes of sections 154.001, 154.002, 154.003,
154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26 are met. No certificate of registration
or shop registration card may be reinstated until the former registrant has completed at least
one-half of the suspension period.
History: 1994 c 632 art 4 s 56; 1995 c 186 s 45; 1998 c 254 art 1 s 54; 2004 c 269 art 3 s
11-14; 2005 c 27 s 9

154.165 [Repealed, 1994 c 632 art 4 s 84]

154.17 [Repealed, 1991 c 282 s 23]

154.18 [Renumbered 154.003]

154.19 VIOLATIONS.
Each of the following constitutes a misdemeanor:
(1) The violation of any of the provisions of section 154.01;
(2) Permitting any person in one's employ, supervision, or control to practice as a registered
barber or registered apprentice unless that person has a certificate of registration as a registered
barber or registered apprentice;
(3) Obtaining or attempting to obtain a certificate of registration for money other than the
required fee, or any other thing of value, or by fraudulent misrepresentation;
(4) Practicing or attempting to practice by fraudulent misrepresentation;
(5) The willful failure to display a certificate of registration as required by section 154.14;
(6) The use of any room or place for barbering which is also used for residential or business
purposes, except the sale of hair tonics, lotions, creams, cutlery, toilet articles, cigars, tobacco,
candies in original package, and such commodities as are used and sold in barber shops, and
except that shoeshining and an agency for the reception and delivery of laundry, or either, may
be conducted in a barber shop without the same being construed as a violation of this section,
unless a substantial partition of ceiling height separates the portion used for residential or business
purposes, and where a barber shop is situated in a residence, poolroom, confectionery, store,
restaurant, garage, clothing store, liquor store, hardware store, or soft drink parlor, there must
be an outside entrance leading into the barber shop independent of any entrance leading into
such business establishment, except that this provision as to an outside entrance shall not apply
to barber shops in operation at the time of the passage of this section and except that a barber
shop and beauty parlor may be operated in conjunction, without the same being separated by
partition of ceiling height;
(7) The failure or refusal of any barber or other person in charge of any barber shop, or any
person in barber schools or colleges doing barber service work, to use separate and clean towels
for each customer or patron, or to discard and launder each towel after once being used;
(8) The failure or refusal by any barber or other person in charge of any barber shop or
barber school or barber college to supply clean hot and cold water in such quantities as may be
necessary to conduct such shop, or the barbering service of such school or college, in a sanitary
manner, or the failure or refusal of any such person to have water and sewer connections from
such shop, or barber school or college, with municipal water and sewer systems where the latter
are available for use, or the failure or refusal of any such person to maintain a receptacle for hot
water of a capacity of not less than five gallons;
(9) For the purposes of sections 154.001, 154.002, 154.003, 154.01 to 154.161, 154.19
to 154.21, and 154.24 to 154.26, barbers, students, apprentices, or the proprietor or manager
of a barber shop, or barber school or barber college, shall be responsible for all violations of
the sanitary provisions of sections 154.001, 154.002, 154.003, 154.01 to 154.161, 154.19 to
154.21, and 154.24 to 154.26, and if any barber shop, or barber school or barber college, upon
inspection, shall be found to be in an unsanitary condition, the person making such inspection
shall immediately issue an order to place the barber shop, or barber school, or barber college,
in a sanitary condition, in a manner and within a time satisfactory to the Board of Barber
and Cosmetologist Examiners, and for the failure to comply with such order the board shall
immediately file a complaint for the arrest of the persons upon whom the order was issued, and
any registered barber who shall fail to comply with the rules adopted by the Board of Barber and
Cosmetologist Examiners, with the approval of the state commissioner of health, or the violation
or commission of any of the offenses described in section 154.16, clauses (1), (2), (3), (4), (5), (6),
(7), (8), (9), and of clauses (1), (2), (3), (4), (5), (6), (7), (8), and (9) of this section, shall be fined
not less than $10 or imprisoned for ten days and not more than $100 or imprisoned for 90 days.
History: (5846-19) 1927 c 316 s 19; 1929 c 270 s 19; 1929 c 386 s 1; 1935 c 229 s 9; 1945 c
160 s 5; 1977 c 305 s 45; 1985 c 248 s 70; 2004 c 269 art 3 s 16; 2005 c 27 s 9

154.20 RECEPTACLES FOR TOWELS.
In each barber shop there shall be provided a receptacle or receptacles for soiled towels. Each
barber shall, immediately after the completion of the service to the customer, place the towels
used on the customer in the receptacles and no towel shall be withdrawn from the receptacle
and used on any customer until the towel has been laundered. A violation of any provision of
this section shall be a misdemeanor.
History: (5846-19 1/2) 1929 c 270 s 20

154.21 PERJURY.
The willful making of any false statement as to a material matter in any oath or affidavit
which is required by the provisions of sections 154.001, 154.002, 154.003, 154.01 to 154.161,
154.19 to 154.21, and 154.24 to 154.26 is perjury and punishable as such.
History: (5846-20) 1927 c 316 s 20; 1929 c 270 s 21; 2004 c 269 art 3 s 17; 2005 c 27 s 9

154.22 [Renumbered 154.001]

154.23 [Renumbered 154.002]

154.24 RULES.
The Board of Barber and Cosmetologist Examiners shall have authority to make reasonable
rules for the administration of the provisions of sections 154.001, 154.002, 154.003, 154.01
to 154.161, 154.19 to 154.21, and 154.24 to 154.26 and prescribe sanitary requirements for
barber shops and barber schools, subject to the approval of the state commissioner of health. Any
member of the board, or its agents or assistants, shall have authority to enter upon and to inspect
any barber shop or barber school at any time during business hours. A copy of the rules adopted
by the board shall be furnished by it to the owner or manager of each barber shop or barber school
and such copy shall be posted in a conspicuous place in such barber shop or barber school.
The board shall keep a record of its proceedings relating to the issuance, refusal, renewal,
suspension, and revocation of certificates of registration. This record shall contain the name,
place of business and residence of each registered barber and registered apprentice, and the date
and number of the certificate of registration. This record shall be open to public inspection at
all reasonable times.
History: (5846-23) 1927 c 316 s 23; 1929 c 270 s 24; 1977 c 305 s 45; 1985 c 248 s 70;
1986 c 444; 2004 c 269 art 3 s 20; 2005 c 27 s 9

154.25 NOT TO SERVE CERTAIN PERSONS.
No person practicing the occupation of a barber in any barber shop, barber school, or college
in this state shall knowingly serve a person afflicted, in a dangerous or infectious state of the
disease, with erysipelas, eczema, impetigo, sycosis, tuberculosis, or any other contagious or
infectious disease. Any person so afflicted is hereby prohibited from being served in any barber
shop, barber school, or college in this state. Any violation of this section shall be considered a
misdemeanor as provided for in sections 154.001, 154.002, 154.003, 154.01 to 154.161, 154.19 to
154.21, and 154.24 to 154.26.
History: (5846-24) 1927 c 316 s 24; 1929 c 270 s 25; 2004 c 269 art 3 s 21; 2005 c 27 s 9

154.26 MUNICIPALITIES MAY REGULATE HOURS.
The governing body of any city of this state may regulate by ordinance the opening and
closing hours of barber shops within its municipal limits.
History: (5846-26 1/2) 1935 c 229 s 10; 1973 c 123 art 5 s 7

154.40 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.
History: 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; 2005 c 27 s 9

154.41 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 154.42 to 154.54.
History: 1981 c 357 s 32; 2004 c 269 art 3 s 23; 2005 c 27 s 9

154.42 DEFINITIONS.
    Subdivision 1. Terms. For purposes of sections 154.42 to 154.54, and unless the context
clearly requires otherwise, the words defined in this section have the meanings given them.
    Subd. 2. Board. "Board" means the Board of Barber and Cosmetologist Examiners.
    Subd. 3. 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
154.001, 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26.
    Subd. 4. Cosmetologist. A "cosmetologist" is any person who, for compensation, performs
the personal services, as defined in subdivision 3.
    Subd. 5. Esthetician. An "esthetician" is any person who, for compensation, performs
personal services for the cosmetic care of the skin only.
    Subd. 6. Licensed practice. "Licensed practice" means the practice of cosmetology in a
licensed salon or the practice of an esthetician in connection with medical care in relation to
esthiology in the office of a licensed physician.
    Subd. 7. Manicurist. A "manicurist" is any person who, for compensation, performs
personal services for the cosmetic care of the hands, feet, and nails only.
    Subd. 8. 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 3.
    Subd. 9. Salon. A "salon" is an area, room, or rooms employed to offer personal services,
as defined in subdivision 3. "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. 10. 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. 11. 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. 12. Person. The term "person" may extend and be applied to bodies politic and
corporate, and to partnership and other unincorporated associations.
History: 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; 2005 c 10 art 1 s 26; 2005 c 27 s 3,9

154.43 ADMINISTRATION.
    Subdivision 1. Board's powers and duties; generally. The board has the power and duties
necessary for the administration of the provisions of this chapter.
    Subd. 2. Hiring and assignment of employees. The board has the authority to hire qualified
personnel in the classified service to assist in administering the law, including those for the testing
and licensing of applicants and the continuing inspections required.
History: 1981 c 357 s 34; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92 subd 1; 2005
c 27 s 4,9

154.44 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) salon, $130 for each initial license, and $100 for each renewal; and
(4) 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. The executive secretary of the board shall deposit the fees in the general fund in the
state treasury.
    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.
History: 1993 c 204 s 9; 1997 c 200 art 1 s 63; 2004 c 269 art 3 s 29; 2005 c 27 s 5,9

154.45 RULES.
The board may develop and adopt rules according to chapter 14 that the board considers
necessary to carry out sections 154.40 to 154.54.
History: 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; 2005 c 27 s 9

154.46 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. Licensing; felons. The board shall adopt rules to establish a uniform process and
criteria by which an applicant who has been convicted of a felony shall be considered for licensing.
    Subd. 4. 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. 5. Licensing without test. Licensing of persons without testing may be allowed as
determined by rule.
    Subd. 6. Duration of license. Licensing in each classification shall be for a period of three
years.
    Subd. 7. Renewals. Renewal of license shall be for a period of three years under conditions
and process established by rule.
    Subd. 8. Fees. Examination and licensing fees shall be in the amounts specified in section
154.44.
    Subd. 9. 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 154.40 to 154.54 if services to consumers are in the physical presence of a licensed
cosmetologist.
    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.
History: 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; 2005 c 27 s 9; 2006 c 260 art 3 s 5

154.47 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 connection with medical care in relation to esthiology in the office of a licensed physician.
    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 154.42, subdivision 8;
(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 154.42, subdivision 5, in the case of an
esthetician, or subdivision 7, 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 154.44.
History: 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; 2005
c 27 s 6,9

154.48 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 154.46,
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 154.40 to 154.54
shall be accompanied by a nonrefundable application fee set forth in section 154.44.
(b) License duration shall be three years. Each renewal application shall be accompanied by
a nonrefundable renewal fee set forth in section 154.44.
(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 154.40 to 154.54 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 154.40 to
154.54, shall refuse to teach any student, otherwise qualified, on account of race, sex, creed, color,
citizenship, national origin, or sexual preference.
History: 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; 2005 c 27 s 9

154.49 INSPECTIONS.
The board is responsible for inspecting salons and schools licensed pursuant to sections
154.40 to 154.54 to assure compliance with the requirements of sections 154.40 to 154.54. 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.
History: 1993 c 204 s 22; 1996 c 439 art 1 s 15; 2004 c 269 art 3 s 38; 2005 c 27 s 9

154.50 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 154.40
to 154.54 shall be construed to prohibit a person licensed to provide cosmetology services from
engaging in any practices defined in sections 154.40 to 154.54 in the homes of customers or
patrons, under the sanitary and health rules promulgated by the board.
History: 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; 2005 c 27 s 9

154.51 ENFORCEMENT.
The provisions of section 154.161 apply to the administration of sections 154.40 to 154.54.
History: 1993 c 204 s 24; 2004 c 269 art 3 s 40; 2005 c 27 s 7,9

154.52 SERVICES EXCEPTED; EMERGENCY.
Nothing in sections 154.40 to 154.54 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.
History: 1981 c 357 s 44; 1993 c 204 s 25; 2004 c 269 art 3 s 41; 2005 c 27 s 9

154.53 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 154.40 to 154.54 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.
History: 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; 2005 c 27 s 9

154.54 VIOLATIONS; PENALTIES.
Any person who violates any of the provisions of sections 154.40 to 154.54 is guilty of
a misdemeanor.
History: 1981 c 357 s 46; 1984 c 628 art 3 s 11; 1993 c 204 s 27; 2004 c 269 art 3 s 43;
2005 c 10 art 3 s 9; 2005 c 27 s 9