Bill Text: MN SF1762 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Cosmetologist examiners board provisions modifications
Spectrum:
Status: (Passed) 2014-04-22 - Secretary of State Chapter 162 04/11/14 [SF1762 Detail]
Download: Minnesota-2013-SF1762-Introduced.html
Bill Title: Cosmetologist examiners board provisions modifications
Spectrum:
Status: (Passed) 2014-04-22 - Secretary of State Chapter 162 04/11/14 [SF1762 Detail]
Download: Minnesota-2013-SF1762-Introduced.html
1.2relating to cosmetology; making changes to the Board of Cosmetologist
1.3Examiners; authorizing exempt rulemaking;amending Minnesota Statutes
1.42012, sections 155A.23, subdivision 6; 155A.275, subdivision 1; 155A.29,
1.5subdivisions 1, 3, by adding a subdivision; 155A.32; 155A.33, subdivision 4;
1.6Minnesota Statutes 2013 Supplement, sections 155A.20; 155A.25, subdivision 4;
1.7155A.27, subdivision 10; repealing Minnesota Statutes 2012, sections 155A.24,
1.8subdivisions 3, 4; 155A.27, subdivision 3.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2013 Supplement, section 155A.20, is amended to read:
1.11155A.20 BOARD OF COSMETOLOGIST EXAMINERS CREATED; TERMS.
1.12(a) A Board of Cosmetologist Examiners is established to consist ofthree
1.13cosmetologist seven members and one public member, as defined in section
214.02,
1.14appointed by the governor. as follows:
1.15(1) two cosmetologists, one of whom is recommended by a professional association
1.16of cosmetologists, nail technicians, and estheticians;
1.17(2) two school instructors, one of whom is teaching at a public cosmetology school
1.18in the state and one of whom is teaching at a private cosmetology school in the state;
1.19(3) one esthetician;
1.20(4) one nail technician; and
1.21(5) one public member, as defined in section 214.02, appointed by the governor.
1.22(b) All cosmetologist, esthetician, and nail technician members must be currently
1.23licensed in the field of cosmetology, nail technology, or esthetology, in Minnesota, have
1.24practiced in the licensed occupation for at least five years immediately prior to their
1.25appointment, be graduates from grade 12 of high school or have equivalent education,
1.26and have knowledge of sections155A.21 to
155A.36 and Minnesota Rules, chapters
2.12105 and 2110. The cosmetologist members shall be members of, or recommended by, a
2.2professional organization of cosmetologists, nail technicians, or estheticians.
2.3(c) Membership terms, compensation of members, removal of members, the filling
2.4of membership vacancies, and fiscal year and reporting requirements shall be as provided
2.5in sections214.07 to
214.09 . The provision of staff, administrative services, and office
2.6space; the review and processing of complaints; the setting of board fees; and other
2.7provisions relating to board operations shall be as provided in chapter 214.
2.8(d) Members appointed to fill vacancies caused by death, resignation, or removal
2.9shall serve during the unexpired term of their predecessors.
2.10 Sec. 2. Minnesota Statutes 2012, section 155A.23, subdivision 6, is amended to read:
2.11 Subd. 6. Licensed practice. "Licensed practice" means (1) the practice of
2.12cosmetology in a licensed salon or (2) the practice of an esthetician or cosmetologist
2.13employed in the office of a licensed physician in connection with medical carein relation
2.14 related to esthiologyin the office of a licensed physician.
2.15 Sec. 3. Minnesota Statutes 2013 Supplement, section 155A.25, subdivision 4, is
2.16amended to read:
2.17 Subd. 4. License expiration date.The board shall, in a manner determined by the
2.18board and without the need for rulemaking under chapter 14, phase in changes to initial
2.19and renewal license expiration dates so that by January 1, 2014:
2.20(1) Individual licenses expire on the last day of the licensee's birth month of the
2.21year due; and.
2.22(2) Salon and school licenses expire on the last day of the month of initial licensure
2.23of the year due.
2.24 Sec. 4. Minnesota Statutes 2013 Supplement, section 155A.27, subdivision 10, is
2.25amended to read:
2.26 Subd. 10. Nonresident licenses. (a) A nonresident cosmetologist, nail technician,
2.27or esthetician may be licensed in Minnesota if the individual has completed cosmetology
2.28school in a state or country with the same or greater school hour requirements, has an
2.29active license in that state or country, and has passed a board-approved theory and
2.30practice-based examination, the Minnesota-specific written operator examination for
2.31cosmetologist, nail technician, or esthetician. If a test is used to verify the qualifications
2.32of trained cosmetologists, the test should be translated into the nonresident's native
3.1language within the limits of available resources. Licenses shall not be issued under this
3.2subdivision for managers or instructors.
3.3(b) If an individual has less than the required number of school hours, the individual
3.4must have had a current active license in another state or country for at least three years
3.5and have passed a board-approved theory and practice-based examination,or and the
3.6Minnesota-specific written operator examination for cosmetologist, nail technician, or
3.7esthetician. If a test is used to verify the qualifications of trained cosmetologists, the test
3.8should be translated into the nonresident's native language within the limits of available
3.9resources. Licenses must not be issued under this subdivision for managers or instructors.
3.10(c) Applicants claiming training and experience in a foreign country shall supply
3.11official English-language translations of all required documents from a board-approved
3.12source.
3.13 Sec. 5. Minnesota Statutes 2012, section 155A.275, subdivision 1, is amended to read:
3.14 Subdivision 1. Special event services. For purposes of this section, "special event
3.15services" means services rendered for compensation and performed at a location other than
3.16a licensed salon. These servicesinclude, but are not limited to, the practice of nonpermanent
3.17manipulation of the hair,such as including: styling, setting, reinforcing, or extending the
3.18hair; the application of nail polish to the nails; and the application of makeup to the skin.
3.19 Sec. 6. Minnesota Statutes 2012, section 155A.29, subdivision 1, is amended to read:
3.20 Subdivision 1. Licensing. Any person who offers cosmetology services for
3.21compensation in this state shall be (1) licensed as a salon if not employed by another
3.22licensed salon or (2) employed as an esthetician or cosmetologist in connection with
3.23medical care in relation to esthiology in the office of a licensed physician.
3.24 Sec. 7. Minnesota Statutes 2012, section 155A.29, subdivision 3, is amended to read:
3.25 Subd. 3.Health and sanitary Infection control standards. Minimum health and
3.26sanitary infection control standards for the operation of a salon shall be established by
3.27rule.A salon shall not be located in a room used for residential purposes. If a salon is
3.28in the residence of a person practicing cosmetology, the rooms used for the practice of
3.29cosmetology shall be completely partitioned off from the living quarters. The salon may
3.30be inspected as often as the board considers necessary to affirm compliance.
3.31 Sec. 8. Minnesota Statutes 2012, section 155A.29, is amended by adding a subdivision
3.32to read:
4.1 Subd. 3a. Residential salons. A salon shall not be located in a room used for
4.2residential purposes. If a salon is in the residence of a person practicing cosmetology, the
4.3rooms used for the practice of cosmetology shall be completely partitioned off from
4.4the living quarters.
4.5 Sec. 9. Minnesota Statutes 2012, section 155A.32, is amended to read:
4.6155A.32 DISPLAY OF LICENSE.
4.7(a) Every holder of a license granted by the board shall display it in a conspicuous
4.8place in the place of business.
4.9(b) Notwithstanding the provisions of paragraph (a), nothing contained in sections
4.10155A.21 to
155A.36 shall be construed to prohibit a person licensed to provide
4.11cosmetology services from engaging in any practices defined in sections
155A.21 to
4.12155A.36 in the homes of customers or patrons, under the sanitary and health rules
4.13promulgated by the board.
4.14 Sec. 10. Minnesota Statutes 2012, section 155A.33, subdivision 4, is amended to read:
4.15 Subd. 4. Licensing and registration actions. (a) With respect to a person who is a
4.16holder of or applicant for a license or registration under this chapter, the board may by
4.17order deny, refuse to renew, suspend, temporarily suspend, or revoke the application,
4.18license, or registration, censure or reprimand the person, refuse to permit the person to
4.19sit for examination, or refuse to release the person's examination grades, if the board
4.20finds that such an order is in the public interest and that, based on a preponderance of the
4.21evidence presented, the person has:
4.22(1) violated a statute, rule, or order that the board has adopted or issued or is
4.23empowered to enforce;
4.24(2) engaged in conduct or acts that are fraudulent, deceptive, or dishonest,whether
4.25or not the conduct or acts relate related to the practice of a profession regulated by this
4.26chapter, if the fraudulent, deceptive, or dishonest conduct or acts reflect adversely on the
4.27person's ability or fitness to engage in the practice of the profession;
4.28(3) engaged in conduct or acts that constitute malpractice, are negligent, demonstrate
4.29incompetence, or are otherwise in violation of the standards in the rules of the board,
4.30where the conduct or acts relate to the practice of a profession regulated by this chapter;
4.31(4) employed fraud or deception in obtaining a license, registration, renewal, or
4.32reinstatement, or in passing all or a portion of the examination;
4.33(5) had a license, registration, right to examine, or other similar authority revoked in
4.34another jurisdiction;
5.1(6) failed to meet any requirement for issuance or renewal of the person's license
5.2or registration;
5.3(7)practiced in a profession regulated by this chapter while having an infectious or
5.4contagious disease;
5.5(8) advertised by means of false or deceptive statements;
5.6(9) demonstrated intoxication or indulgence in the use of drugs, including but not
5.7limited to narcotics as defined in section
152.01 or in United States Code, title 26, section
5.84731, barbiturates, amphetamines, Benzedrine, Dexedrine, or other sedatives, depressants,
5.9stimulants, or tranquilizers;
5.10(8) performed licensed services while consuming or under the influence of an
5.11intoxicant or controlled substance;
5.12(10) (9) demonstrated unprofessional conduct or practice;
5.13(11) (10) permitted an employee or other unlicensed person under the person's
5.14supervision or control topractice as a licensee, registrant, or instructor of a profession
5.15 offer or practice services regulated by this chapterunless that person has (i) a current
5.16license or registration issued by the board, (ii) a temporary apprentice permit, or (iii) a
5.17temporary permit as an instructor of a profession regulated by the board for compensation;
5.18(12) (11) practices, offered to practice, or attempted to practice by misrepresentation;
5.19(13) (12) failed to display a license or registration permit as required by rules
5.20adopted by the board;
5.21(14) used any room or place of practice of a profession regulated by the board that
5.22is also used for any other purpose, or used any room or place of practice of a profession
5.23regulated by the board that violates (13) violated the board's rules governing sanitation
5.24 infection control;
5.25(15) failed to use separate and clean towels for each customer or patron, or to discard
5.26and launder each towel after being used once;
5.27(16) in the case of a licensee, registrant, or other person in charge of any school or
5.28place of practice of a profession regulated by the board, (i) failed to supply in a sanitary
5.29manner clean hot and cold water in quantities necessary to conduct the service or practice
5.30of the profession regulated by the board, (ii) failed to have water and sewer connections
5.31from the place of practice or school with municipal water and sewer systems where they
5.32are available for use, or (iii) failed or refused to maintain a receptacle for hot water of a
5.33capacity of at least five gallons;
5.34(17) (14) refused to permit the board to make an inspection permitted or required by
5.35this chapter, or failed to provide the board or the attorney general on behalf of the board
5.36with any documents or records they request; or
6.1(18) failed promptly to renew a license or registration when remaining in practice,
6.2pay the required fee, or issue a worthless check;
6.3(19) failed to supervise an apprentice, or permitted the practice of a profession
6.4regulated by the board by a person not registered or licensed with the board or not holding
6.5a temporary permit;
6.6(20) refused to serve a customer because of race, color, creed, religion, disability,
6.7national origin, or sex;
6.8(21) failed to comply with a provision of chapter 141 or a provision of another
6.9chapter that relates to schools; or
6.10(22) (15) with respect to temporary suspension orders, has committed an act,
6.11engaged in conduct, or committed practices that the board, or complaint committee if
6.12authorized by the board, has determined may result or may have resulted in an immediate
6.13threat to the public.
6.14(b) In lieu of or in addition to any remedy under paragraph (a), the board may, as a
6.15condition of continued licensure or registration, termination of suspension, reinstatement
6.16of licensure or registration, examination, or release of examination results, require that
6.17the person:
6.18(1) submit to a quality review of the person's ability, skills, or quality of work,
6.19conducted in a manner and by a person or entity that the board determines; or
6.20(2) completes to the board's satisfaction continuing education as the board requires.
6.21(c) Service of an order under this subdivision is effective if the order is served in
6.22person, or is served by certified mail to the most recent address provided to the board by
6.23the licensee, registrant, applicant, or counsel of record. The order must state the reason
6.24for the entry of the order.
6.25(d) Except as provided in subdivision 5, paragraph (c), all hearings under this
6.26subdivision must be conducted in accordance with the Administrative Procedure Act.
6.27 Sec. 11. EXEMPT RULEMAKING.
6.28The Board of Cosmetologist Examiners shall adopt rules to administer this act
6.29using the exempt procedures of Minnesota Statutes, section 14.386, except that paragraph
6.30(b) does not apply.
6.31 Sec. 12. REPEALER.
6.32Minnesota Statutes 2012, sections 155A.24, subdivisions 3 and 4; and 155A.27,
6.33subdivision 3, are repealed.
1.3Examiners; authorizing exempt rulemaking;amending Minnesota Statutes
1.42012, sections 155A.23, subdivision 6; 155A.275, subdivision 1; 155A.29,
1.5subdivisions 1, 3, by adding a subdivision; 155A.32; 155A.33, subdivision 4;
1.6Minnesota Statutes 2013 Supplement, sections 155A.20; 155A.25, subdivision 4;
1.7155A.27, subdivision 10; repealing Minnesota Statutes 2012, sections 155A.24,
1.8subdivisions 3, 4; 155A.27, subdivision 3.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2013 Supplement, section 155A.20, is amended to read:
1.11155A.20 BOARD OF COSMETOLOGIST EXAMINERS CREATED; TERMS.
1.12(a) A Board of Cosmetologist Examiners is established to consist of
1.13
1.14
1.15(1) two cosmetologists, one of whom is recommended by a professional association
1.16of cosmetologists, nail technicians, and estheticians;
1.17(2) two school instructors, one of whom is teaching at a public cosmetology school
1.18in the state and one of whom is teaching at a private cosmetology school in the state;
1.19(3) one esthetician;
1.20(4) one nail technician; and
1.21(5) one public member, as defined in section 214.02, appointed by the governor.
1.22(b) All cosmetologist, esthetician, and nail technician members must be currently
1.23licensed in the field of cosmetology, nail technology, or esthetology, in Minnesota, have
1.24practiced in the licensed occupation for at least five years immediately prior to their
1.25appointment, be graduates from grade 12 of high school or have equivalent education,
1.26and have knowledge of sections
2.12105 and 2110.
2.2
2.3(c) Membership terms, compensation of members, removal of members, the filling
2.4of membership vacancies, and fiscal year and reporting requirements shall be as provided
2.5in sections
2.6space; the review and processing of complaints; the setting of board fees; and other
2.7provisions relating to board operations shall be as provided in chapter 214.
2.8(d) Members appointed to fill vacancies caused by death, resignation, or removal
2.9shall serve during the unexpired term of their predecessors.
2.10 Sec. 2. Minnesota Statutes 2012, section 155A.23, subdivision 6, is amended to read:
2.11 Subd. 6. Licensed practice. "Licensed practice" means (1) the practice of
2.12cosmetology in a licensed salon or (2) the practice of an esthetician or cosmetologist
2.13employed in the office of a licensed physician in connection with medical care
2.14 related to esthiology
2.15 Sec. 3. Minnesota Statutes 2013 Supplement, section 155A.25, subdivision 4, is
2.16amended to read:
2.17 Subd. 4. License expiration date.
2.18
2.19
2.20
2.21year due
2.22
2.23of the year due.
2.24 Sec. 4. Minnesota Statutes 2013 Supplement, section 155A.27, subdivision 10, is
2.25amended to read:
2.26 Subd. 10. Nonresident licenses. (a) A nonresident cosmetologist, nail technician,
2.27or esthetician may be licensed in Minnesota if the individual has completed cosmetology
2.28school in a state or country with the same or greater school hour requirements, has an
2.29active license in that state or country, and has passed a board-approved theory and
2.30practice-based examination, the Minnesota-specific written operator examination for
2.31cosmetologist, nail technician, or esthetician. If a test is used to verify the qualifications
2.32of trained cosmetologists, the test should be translated into the nonresident's native
3.1language within the limits of available resources. Licenses shall not be issued under this
3.2subdivision for managers or instructors.
3.3(b) If an individual has less than the required number of school hours, the individual
3.4must have had a current active license in another state or country for at least three years
3.5and have passed a board-approved theory and practice-based examination,
3.6Minnesota-specific written operator examination for cosmetologist, nail technician, or
3.7esthetician. If a test is used to verify the qualifications of trained cosmetologists, the test
3.8should be translated into the nonresident's native language within the limits of available
3.9resources. Licenses must not be issued under this subdivision for managers or instructors.
3.10(c) Applicants claiming training and experience in a foreign country shall supply
3.11official English-language translations of all required documents from a board-approved
3.12source.
3.13 Sec. 5. Minnesota Statutes 2012, section 155A.275, subdivision 1, is amended to read:
3.14 Subdivision 1. Special event services. For purposes of this section, "special event
3.15services" means services rendered for compensation and performed at a location other than
3.16a licensed salon. These services
3.17manipulation of the hair,
3.18hair; the application of nail polish to the nails; and the application of makeup to the skin.
3.19 Sec. 6. Minnesota Statutes 2012, section 155A.29, subdivision 1, is amended to read:
3.20 Subdivision 1. Licensing. Any person who offers cosmetology services for
3.21compensation in this state shall be (1) licensed as a salon if not employed by another
3.22licensed salon or (2) employed as an esthetician or cosmetologist in connection with
3.23medical care in relation to esthiology in the office of a licensed physician.
3.24 Sec. 7. Minnesota Statutes 2012, section 155A.29, subdivision 3, is amended to read:
3.25 Subd. 3.
3.26
3.27rule.
3.28
3.29
3.30be inspected as often as the board considers necessary to affirm compliance.
3.31 Sec. 8. Minnesota Statutes 2012, section 155A.29, is amended by adding a subdivision
3.32to read:
4.1 Subd. 3a. Residential salons. A salon shall not be located in a room used for
4.2residential purposes. If a salon is in the residence of a person practicing cosmetology, the
4.3rooms used for the practice of cosmetology shall be completely partitioned off from
4.4the living quarters.
4.5 Sec. 9. Minnesota Statutes 2012, section 155A.32, is amended to read:
4.6155A.32 DISPLAY OF LICENSE.
4.7
4.8place in the place of business.
4.9
4.10
4.11
4.12
4.13
4.14 Sec. 10. Minnesota Statutes 2012, section 155A.33, subdivision 4, is amended to read:
4.15 Subd. 4. Licensing and registration actions. (a) With respect to a person who is a
4.16holder of or applicant for a license or registration under this chapter, the board may by
4.17order deny, refuse to renew, suspend, temporarily suspend, or revoke the application,
4.18license, or registration, censure or reprimand the person, refuse to permit the person to
4.19sit for examination, or refuse to release the person's examination grades, if the board
4.20finds that such an order is in the public interest and that, based on a preponderance of the
4.21evidence presented, the person has:
4.22(1) violated a statute, rule, or order that the board has adopted or issued or is
4.23empowered to enforce;
4.24(2) engaged in conduct or acts that are fraudulent, deceptive, or dishonest,
4.25
4.26chapter, if the fraudulent, deceptive, or dishonest conduct or acts reflect adversely on the
4.27person's ability or fitness to engage in the practice of the profession;
4.28(3) engaged in conduct or acts that constitute malpractice, are negligent, demonstrate
4.29incompetence, or are otherwise in violation of the standards in the rules of the board,
4.30where the conduct or acts relate to the practice of a profession regulated by this chapter;
4.31(4) employed fraud or deception in obtaining a license, registration, renewal, or
4.32reinstatement, or in passing all or a portion of the examination;
4.33(5) had a license, registration, right to examine, or other similar authority revoked in
4.34another jurisdiction;
5.1(6) failed to meet any requirement for issuance or renewal of the person's license
5.2or registration;
5.3(7)
5.4
5.5
5.6
5.7
5.8
5.9
5.10(8) performed licensed services while consuming or under the influence of an
5.11intoxicant or controlled substance;
5.12
5.13
5.14supervision or control to
5.15 offer or practice services regulated by this chapter
5.16
5.17
5.18
5.19
5.20adopted by the board;
5.21
5.22
5.23
5.24 infection control;
5.25
5.26
5.27
5.28
5.29
5.30
5.31
5.32
5.33
5.34
5.35this chapter, or failed to provide the board or the attorney general on behalf of the board
5.36with any documents or records they request; or
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11engaged in conduct, or committed practices that the board, or complaint committee if
6.12authorized by the board, has determined may result or may have resulted in an immediate
6.13threat to the public.
6.14(b) In lieu of or in addition to any remedy under paragraph (a), the board may, as a
6.15condition of continued licensure or registration, termination of suspension, reinstatement
6.16of licensure or registration, examination, or release of examination results, require that
6.17the person:
6.18(1) submit to a quality review of the person's ability, skills, or quality of work,
6.19conducted in a manner and by a person or entity that the board determines; or
6.20(2) completes to the board's satisfaction continuing education as the board requires.
6.21(c) Service of an order under this subdivision is effective if the order is served in
6.22person, or is served by certified mail to the most recent address provided to the board by
6.23the licensee, registrant, applicant, or counsel of record. The order must state the reason
6.24for the entry of the order.
6.25(d) Except as provided in subdivision 5, paragraph (c), all hearings under this
6.26subdivision must be conducted in accordance with the Administrative Procedure Act.
6.27 Sec. 11. EXEMPT RULEMAKING.
6.28The Board of Cosmetologist Examiners shall adopt rules to administer this act
6.29using the exempt procedures of Minnesota Statutes, section 14.386, except that paragraph
6.30(b) does not apply.
6.31 Sec. 12. REPEALER.
6.32Minnesota Statutes 2012, sections 155A.24, subdivisions 3 and 4; and 155A.27,
6.33subdivision 3, are repealed.
