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S.F. No. 1762 - Cosmetologist Examiners Board Provisions Modifications - First Engrossment
 
Author: Senator Alice Johnson
 
Prepared By: Stephanie James, Senate Counsel (651/296-0103)
 
Date: April 1, 2014



 

Section 1 [Board of Cosmetologist Examiners Created; Terms] changes the membership of the Cosmetology Board.  Currently, the board has four members -- three cosmetologists and one public member -- appointed by the Governor.  This section gives the board seven members, all appointed by the Governor:  two cosmetologists, two school instructors, one esthetician, one nail technician, and one public member.

Section 2 [Licensed Practice] modifies the definition of “licensed practice” to include a cosmetologist employed in the office of a licensed physician.

Section 3 [License Expiration Date] deletes obsolete language requiring certain board action prior to January 1, 2014.

Section 4 [Nonresident Licenses] sets requirements for an individual with a current license from another state, who has less than the required number of school hours for a license, to obtain a license by passing  both a board-approved theory and practice-based examination and the Minnesota-specific written operator examination for cosmetology, nail technician, or esthetician. Under current law, the individual need only pass one of these two examinations.

Section 5 [Schools and Professional Associations] places a three-year limit on recognition of a professional association that offers continuing education.  Renewal is subject to approval of their curriculum.  The board may revoke recognition at any time for just cause.  The professional organization must be organized as a Minnesota nonprofit organization.  This section is effective the day following final enactment.

Section 6 [Special Event Services] narrows the services that may be performed for compensation offsite from a licensed salon to the practice of nonpermanent manipulation of hair; the application of nail polish, and makeup.

Section 7 [Licensing] adds persons employed as cosmetologist in connection with medical care to those who are permitted to offer cosmetology services for compensation.

Section 8 [Infection Control Standards] This section charges the board with establishing infection control standards by rule.  This replaces the charge in current law for the board to establish health and safety standards.

Section 9 [Residential Salons] contains provisions restricting salons in residences.  These restrictions are moved from section 7 and are not new law.

Section 10 [Licensing] provides that licenses issued to postsecondary licensed cosmetology schools meeting the provisions of subdivision 12 must include a specified designation.

Section 11 [Minnesota State Authorization] establishes conditions for a licensed cosmetology school, including restrictions on student admissions and licensing by the Department of Higher Education.

Section 12 [Display of License] eliminates an exemption from the requirement to display a license when a licensed cosmetologist practices cosmetology in the homes of customer or patrons.

Section 13 [Licensing and Registration Actions] modifies the grounds on which the board can take disciplinary action against a licensee.

Section 14 [Exempt Rulemaking] authorizes the board to adopt rules to administer this act using exempt rulemaking procedures, but provides for these rules to be permanent, rather than temporary.

Section 15 [Repealer] repeals requirements that the board:  (1) provide customer access through a Web site to provide feedback on interaction with the board and its staff; (2) record each complaint, its response, and time elapsed in responding and resolving each complaint; (3) submit an annual report to the Legislature on its customer service training and complaint resolution activities; and (4) adopt rules to permit felons to be licensed.

All sections except section 5 are effective on August 1, 2014.

 

 
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