Bill Text: MN HF2762 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Board of Cosmetologist Examiners changes made, and expedited rulemaking required.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2014-04-03 - HF indefinitely postponed [HF2762 Detail]
Download: Minnesota-2013-HF2762-Engrossed.html
1.2relating to cosmetology; making changes to the Board of Cosmetologist
1.3Examiners; requiring expedited 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.30, subdivision 1, by adding
1.6a subdivision; 155A.32; 155A.33, subdivision 4; Minnesota Statutes 2013
1.7Supplement, sections 155A.20; 155A.25, subdivision 4; 155A.27, subdivision
1.810; 155A.271, subdivision 2; repealing Minnesota Statutes 2012, sections
1.9155A.24, subdivisions 3, 4; 155A.27, subdivision 3.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2013 Supplement, section 155A.20, is amended to read:
1.12155A.20 BOARD OF COSMETOLOGIST EXAMINERS CREATED; TERMS.
1.13(a) A Board of Cosmetologist Examiners is established to consist ofthree
1.14cosmetologist seven members and one public member, as defined in section
214.02,
1.15appointed by the governor. as follows:
1.16(1) two cosmetologists, one of whom is recommended by a professional association
1.17of cosmetologists, nail technicians, and estheticians;
1.18(2) two school instructors, one of whom is teaching at a public cosmetology school
1.19in the state and one of whom is teaching at a private cosmetology school in the state;
1.20(3) one esthetician;
1.21(4) one nail technician; and
1.22(5) one public member, as defined in section 214.02.
1.23(b) All cosmetologist, esthetician, and nail technician members must be currently
1.24licensed in the field of cosmetology, nail technology, or esthetology, in Minnesota, have
1.25practiced in the licensed occupation for at least five years immediately prior to their
1.26appointment, be graduates from grade 12 of high school or have equivalent education,
2.1and have knowledge of sections155A.21 to
155A.36 and Minnesota Rules, chapters
2.22105 and 2110. The cosmetologist members shall be members of, or recommended by, a
2.3professional organization of cosmetologists, nail technicians, or estheticians.
2.4(c) Membership terms, compensation of members, removal of members, the filling
2.5of membership vacancies, and fiscal year and reporting requirements shall be as provided
2.6in sections214.07 to
214.09 . The provision of staff, administrative services, and office
2.7space; the review and processing of complaints; the setting of board fees; and other
2.8provisions relating to board operations shall be as provided in chapter 214.
2.9(d) Members appointed to fill vacancies caused by death, resignation, or removal
2.10shall serve during the unexpired term of their predecessors.
2.11 Sec. 2. Minnesota Statutes 2012, section 155A.23, subdivision 6, is amended to read:
2.12 Subd. 6. Licensed practice. "Licensed practice" means (1) the practice of
2.13cosmetology in a licensed salon or (2) the practice of an esthetician or cosmetologist
2.14employed in the office of a licensed physician in connection with medical carein relation
2.15 related to esthiologyin the office of a licensed physician.
2.16 Sec. 3. Minnesota Statutes 2013 Supplement, section 155A.25, subdivision 4, is
2.17amended to read:
2.18 Subd. 4. License expiration date.The board shall, in a manner determined by the
2.19board and without the need for rulemaking under chapter 14, phase in changes to initial
2.20and renewal license expiration dates so that by January 1, 2014:
2.21(1) Individual licenses expire on the last day of the licensee's birth month of the
2.22year due; and.
2.23(2) Salon and school licenses expire on the last day of the month of initial licensure
2.24of the year due.
2.25 Sec. 4. Minnesota Statutes 2013 Supplement, section 155A.27, subdivision 10, is
2.26amended to read:
2.27 Subd. 10. Nonresident licenses. (a) A nonresident cosmetologist, nail technician,
2.28or esthetician may be licensed in Minnesota if the individual has completed cosmetology
2.29school in a state or country with the same or greater school hour requirements, has an
2.30active license in that state or country, and has passed a board-approved theory and
2.31practice-based examination, the Minnesota-specific written operator examination for
2.32cosmetologist, nail technician, or esthetician. If a test is used to verify the qualifications
2.33of 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 2013 Supplement, section 155A.271, subdivision 2, is
3.14amended to read:
3.15 Subd. 2. Schools and professional associations. (a) Only a board-licensed school
3.16of cosmetology, a postsecondary institution as defined in section136A.103 , paragraph (a),
3.17or a board-recognized professional association may offer continuing education curriculum
3.18for credit under this section. The school and professional association may offer online
3.19and independent study options to achieve maximum involvement of licensees and is
3.20encouraged to offer classes available in foreign language formats.
3.21 (b) Board recognition of a professional association is valid for three years and is
3.22contingent upon submission and preapproval of the general curriculum to be offered. The
3.23board may revoke recognition at any time for just cause. The professional association
3.24offering continuing education must be organized under chapter 317A.
3.25EFFECTIVE DATE.This section is effective the day following final enactment.
3.26 Sec. 6. Minnesota Statutes 2012, section 155A.275, subdivision 1, is amended to read:
3.27 Subdivision 1. Special event services. For purposes of this section, "special event
3.28services" means services rendered for compensation and performed at a location other than
3.29a licensed salon. These servicesinclude, but are not limited to, the practice of nonpermanent
3.30manipulation of the hair,such as including: styling, setting, reinforcing, or extending the
3.31hair; the application of nail polish to the nails; and the application of makeup to the skin.
3.32 Sec. 7. Minnesota Statutes 2012, section 155A.29, subdivision 1, is amended to read:
4.1 Subdivision 1. Licensing. Any person who offers cosmetology services for
4.2compensation in this state shall be (1) licensed as a salon if not employed by another
4.3licensed salon or (2) employed as an esthetician or cosmetologist in connection with
4.4medical care in relation to esthiology in the office of a licensed physician.
4.5 Sec. 8. Minnesota Statutes 2012, section 155A.29, subdivision 3, is amended to read:
4.6 Subd. 3.Health and sanitary Infection control standards. Minimum health and
4.7sanitary infection control standards for the operation of a salon shall be established by
4.8rule.A salon shall not be located in a room used for residential purposes. If a salon is
4.9in the residence of a person practicing cosmetology, the rooms used for the practice of
4.10cosmetology shall be completely partitioned off from the living quarters. The salon may
4.11be inspected as often as the board considers necessary to affirm compliance.
4.12 Sec. 9. Minnesota Statutes 2012, section 155A.29, is amended by adding a subdivision
4.13to read:
4.14 Subd. 3a. Residential salons. A salon shall not be located in a room used for
4.15residential purposes. If a salon is in the residence of a person practicing cosmetology, the
4.16rooms used for the practice of cosmetology shall be completely partitioned off from
4.17the living quarters.
4.18 Sec. 10. Minnesota Statutes 2012, section 155A.30, subdivision 1, is amended to read:
4.19 Subdivision 1. Licensing. Any person who establishes or conducts a school in this
4.20state shall be licensed. A license issued to postsecondary licensed cosmetology schools
4.21meeting the provisions of subdivision 12 shall include the designation "Postsecondary
4.22Cosmetology School License."
4.23 Sec. 11. Minnesota Statutes 2012, section 155A.30, is amended by adding a
4.24subdivision to read:
4.25 Subd. 12. Minnesota state authorization. A cosmetology school licensed or
4.26applying for licensure under this section shall maintain recognition as an institution of
4.27postsecondary study by meeting the following conditions, in addition to the provisions of
4.28Minnesota Rules, parts 2110.0310 and 2110.0370:
4.29 (1) the school must admit as regular students only those individuals who have a high
4.30school diploma or a diploma based on passing general education development (GED) tests
4.31or their equivalent, or who is beyond the age of compulsory education as prescribed
4.32by section 120A.22; and
5.1 (2) the school must be licensed by name and authorized by the Department of Higher
5.2Education and the board to offer one or more training programs beyond the secondary level.
5.3 Sec. 12. Minnesota Statutes 2012, section 155A.32, is amended to read:
5.4155A.32 DISPLAY OF LICENSE.
5.5(a) Every holder of a license granted by the board shall display it in a conspicuous
5.6place in the place of business.
5.7(b) Notwithstanding the provisions of paragraph (a), nothing contained in sections
5.8155A.21 to
155A.36 shall be construed to prohibit a person licensed to provide
5.9cosmetology services from engaging in any practices defined in sections
155A.21 to
5.10155A.36 in the homes of customers or patrons, under the sanitary and health rules
5.11promulgated by the board.
5.12 Sec. 13. Minnesota Statutes 2012, section 155A.33, subdivision 4, is amended to read:
5.13 Subd. 4. Licensing and registration actions. (a) With respect to a person who is a
5.14holder of or applicant for a license or registration under this chapter, the board may by
5.15order deny, refuse to renew, suspend, temporarily suspend, or revoke the application,
5.16license, or registration, censure or reprimand the person, refuse to permit the person to
5.17sit for examination, or refuse to release the person's examination grades, if the board
5.18finds that such an order is in the public interest and that, based on a preponderance of the
5.19evidence presented, the person has:
5.20(1) violated a statute, rule, or order that the board has adopted or issued or is
5.21empowered to enforce;
5.22(2) engaged in conduct or acts that are fraudulent, deceptive, or dishonest,whether
5.23or not the conduct or acts relate related to the practice of a profession regulated by this
5.24chapter, if the fraudulent, deceptive, or dishonest conduct or acts reflect adversely on the
5.25person's ability or fitness to engage in the practice of the profession;
5.26(3) engaged in conduct or acts that constitute malpractice, are negligent, demonstrate
5.27incompetence, or are otherwise in violation of the standards in the rules of the board,
5.28where the conduct or acts relate to the practice of a profession regulated by this chapter;
5.29(4) employed fraud or deception in obtaining a license, registration, renewal, or
5.30reinstatement, or in passing all or a portion of the examination;
5.31(5) had a license, registration, right to examine, or other similar authority revoked in
5.32another jurisdiction;
5.33(6) failed to meet any requirement for issuance or renewal of the person's license
5.34or registration;
6.1(7)practiced in a profession regulated by this chapter while having an infectious or
6.2contagious disease;
6.3(8) advertised by means of false or deceptive statements;
6.4(9) demonstrated intoxication or indulgence in the use of drugs, including but not
6.5limited to narcotics as defined in section
152.01 or in United States Code, title 26, section
6.64731, barbiturates, amphetamines, Benzedrine, Dexedrine, or other sedatives, depressants,
6.7stimulants, or tranquilizers;
6.8(8) performed licensed services while consuming or under the influence of an
6.9intoxicant or controlled substance;
6.10(10) (9) demonstrated unprofessional conduct or practice;
6.11(11) (10) permitted an employee or other unlicensed person under the person's
6.12supervision or control topractice as a licensee, registrant, or instructor of a profession
6.13 offer or practice services regulated by this chapterunless that person has (i) a current
6.14license or registration issued by the board, (ii) a temporary apprentice permit, or (iii) a
6.15temporary permit as an instructor of a profession regulated by the board for compensation;
6.16(12) (11) practices, offered to practice, or attempted to practice by misrepresentation;
6.17(13) (12) failed to display a license or registration permit as required by rules
6.18adopted by the board;
6.19(14) used any room or place of practice of a profession regulated by the board that
6.20is also used for any other purpose, or used any room or place of practice of a profession
6.21regulated by the board that violates (13) violated the board's rules governing sanitation
6.22 infection control;
6.23(15) failed to use separate and clean towels for each customer or patron, or to discard
6.24and launder each towel after being used once;
6.25(16) in the case of a licensee, registrant, or other person in charge of any school or
6.26place of practice of a profession regulated by the board, (i) failed to supply in a sanitary
6.27manner clean hot and cold water in quantities necessary to conduct the service or practice
6.28of the profession regulated by the board, (ii) failed to have water and sewer connections
6.29from the place of practice or school with municipal water and sewer systems where they
6.30are available for use, or (iii) failed or refused to maintain a receptacle for hot water of a
6.31capacity of at least five gallons;
6.32(17) (14) refused to permit the board to make an inspection permitted or required by
6.33this chapter, or failed to provide the board or the attorney general on behalf of the board
6.34with any documents or records they request; or
6.35(18) failed promptly to renew a license or registration when remaining in practice,
6.36pay the required fee, or issue a worthless check;
7.1(19) failed to supervise an apprentice, or permitted the practice of a profession
7.2regulated by the board by a person not registered or licensed with the board or not holding
7.3a temporary permit;
7.4(20) (15) refused to serve a customer because of race, color, creed, religion,
7.5disability, national origin, or sex;
7.6(21) failed to comply with a provision of chapter 141 or a provision of another
7.7chapter that relates to schools; or
7.8(22) (16) with respect to temporary suspension orders, has committed an act,
7.9engaged in conduct, or committed practices that the board, or complaint committee if
7.10authorized by the board, has determined may result or may have resulted in an immediate
7.11threat to the public.
7.12(b) In lieu of or in addition to any remedy under paragraph (a), the board may, as a
7.13condition of continued licensure or registration, termination of suspension, reinstatement
7.14of licensure or registration, examination, or release of examination results, require that
7.15the person:
7.16(1) submit to a quality review of the person's ability, skills, or quality of work,
7.17conducted in a manner and by a person or entity that the board determines; or
7.18(2) completes to the board's satisfaction continuing education as the board requires.
7.19(c) Service of an order under this subdivision is effective if the order is served in
7.20person, or is served by certified mail to the most recent address provided to the board by
7.21the licensee, registrant, applicant, or counsel of record. The order must state the reason
7.22for the entry of the order.
7.23(d) Except as provided in subdivision 5, paragraph (c), all hearings under this
7.24subdivision must be conducted in accordance with the Administrative Procedure Act.
7.25 Sec. 14. EXPEDITED RULEMAKING.
7.26The Board of Cosmetology Examiners shall adopt rules to implement the statutory
7.27changes made in this act. The board must use the expedited process in Minnesota Statutes,
7.28section 14.389, to adopt these rules.
7.29 Sec. 15. REPEALER.
7.30Minnesota Statutes 2012, sections 155A.24, subdivisions 3 and 4; and 155A.27,
7.31subdivision 3, are repealed.
1.3Examiners; requiring expedited 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.30, subdivision 1, by adding
1.6a subdivision; 155A.32; 155A.33, subdivision 4; Minnesota Statutes 2013
1.7Supplement, sections 155A.20; 155A.25, subdivision 4; 155A.27, subdivision
1.810; 155A.271, subdivision 2; repealing Minnesota Statutes 2012, sections
1.9155A.24, subdivisions 3, 4; 155A.27, subdivision 3.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2013 Supplement, section 155A.20, is amended to read:
1.12155A.20 BOARD OF COSMETOLOGIST EXAMINERS CREATED; TERMS.
1.13(a) A Board of Cosmetologist Examiners is established to consist of
1.14
1.15appointed by the governor
1.16(1) two cosmetologists, one of whom is recommended by a professional association
1.17of cosmetologists, nail technicians, and estheticians;
1.18(2) two school instructors, one of whom is teaching at a public cosmetology school
1.19in the state and one of whom is teaching at a private cosmetology school in the state;
1.20(3) one esthetician;
1.21(4) one nail technician; and
1.22(5) one public member, as defined in section 214.02.
1.23(b) All cosmetologist, esthetician, and nail technician members must be currently
1.24licensed in the field of cosmetology, nail technology, or esthetology, in Minnesota, have
1.25practiced in the licensed occupation for at least five years immediately prior to their
1.26appointment, be graduates from grade 12 of high school or have equivalent education,
2.1and have knowledge of sections
2.22105 and 2110.
2.3
2.4(c) Membership terms, compensation of members, removal of members, the filling
2.5of membership vacancies, and fiscal year and reporting requirements shall be as provided
2.6in sections
2.7space; the review and processing of complaints; the setting of board fees; and other
2.8provisions relating to board operations shall be as provided in chapter 214.
2.9(d) Members appointed to fill vacancies caused by death, resignation, or removal
2.10shall serve during the unexpired term of their predecessors.
2.11 Sec. 2. Minnesota Statutes 2012, section 155A.23, subdivision 6, is amended to read:
2.12 Subd. 6. Licensed practice. "Licensed practice" means (1) the practice of
2.13cosmetology in a licensed salon or (2) the practice of an esthetician or cosmetologist
2.14employed in the office of a licensed physician in connection with medical care
2.15 related to esthiology
2.16 Sec. 3. Minnesota Statutes 2013 Supplement, section 155A.25, subdivision 4, is
2.17amended to read:
2.18 Subd. 4. License expiration date.
2.19
2.20
2.21
2.22year due
2.23
2.24of the year due.
2.25 Sec. 4. Minnesota Statutes 2013 Supplement, section 155A.27, subdivision 10, is
2.26amended to read:
2.27 Subd. 10. Nonresident licenses. (a) A nonresident cosmetologist, nail technician,
2.28or esthetician may be licensed in Minnesota if the individual has completed cosmetology
2.29school in a state or country with the same or greater school hour requirements, has an
2.30active license in that state or country, and has passed a board-approved theory and
2.31practice-based examination, the Minnesota-specific written operator examination for
2.32cosmetologist, nail technician, or esthetician. If a test is used to verify the qualifications
2.33of 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 2013 Supplement, section 155A.271, subdivision 2, is
3.14amended to read:
3.15 Subd. 2. Schools and professional associations. (a) Only a board-licensed school
3.16of cosmetology, a postsecondary institution as defined in section
3.17or a board-recognized professional association may offer continuing education curriculum
3.18for credit under this section. The school and professional association may offer online
3.19and independent study options to achieve maximum involvement of licensees and is
3.20encouraged to offer classes available in foreign language formats.
3.21 (b) Board recognition of a professional association is valid for three years and is
3.22contingent upon submission and preapproval of the general curriculum to be offered. The
3.23board may revoke recognition at any time for just cause. The professional association
3.24offering continuing education must be organized under chapter 317A.
3.25EFFECTIVE DATE.This section is effective the day following final enactment.
3.26 Sec. 6. Minnesota Statutes 2012, section 155A.275, subdivision 1, is amended to read:
3.27 Subdivision 1. Special event services. For purposes of this section, "special event
3.28services" means services rendered for compensation and performed at a location other than
3.29a licensed salon. These services
3.30manipulation of the hair,
3.31hair; the application of nail polish to the nails; and the application of makeup to the skin.
3.32 Sec. 7. Minnesota Statutes 2012, section 155A.29, subdivision 1, is amended to read:
4.1 Subdivision 1. Licensing. Any person who offers cosmetology services for
4.2compensation in this state shall be (1) licensed as a salon if not employed by another
4.3licensed salon or (2) employed as an esthetician or cosmetologist in connection with
4.4medical care in relation to esthiology in the office of a licensed physician.
4.5 Sec. 8. Minnesota Statutes 2012, section 155A.29, subdivision 3, is amended to read:
4.6 Subd. 3.
4.7
4.8rule.
4.9
4.10
4.11be inspected as often as the board considers necessary to affirm compliance.
4.12 Sec. 9. Minnesota Statutes 2012, section 155A.29, is amended by adding a subdivision
4.13to read:
4.14 Subd. 3a. Residential salons. A salon shall not be located in a room used for
4.15residential purposes. If a salon is in the residence of a person practicing cosmetology, the
4.16rooms used for the practice of cosmetology shall be completely partitioned off from
4.17the living quarters.
4.18 Sec. 10. Minnesota Statutes 2012, section 155A.30, subdivision 1, is amended to read:
4.19 Subdivision 1. Licensing. Any person who establishes or conducts a school in this
4.20state shall be licensed. A license issued to postsecondary licensed cosmetology schools
4.21meeting the provisions of subdivision 12 shall include the designation "Postsecondary
4.22Cosmetology School License."
4.23 Sec. 11. Minnesota Statutes 2012, section 155A.30, is amended by adding a
4.24subdivision to read:
4.25 Subd. 12. Minnesota state authorization. A cosmetology school licensed or
4.26applying for licensure under this section shall maintain recognition as an institution of
4.27postsecondary study by meeting the following conditions, in addition to the provisions of
4.28Minnesota Rules, parts 2110.0310 and 2110.0370:
4.29 (1) the school must admit as regular students only those individuals who have a high
4.30school diploma or a diploma based on passing general education development (GED) tests
4.31or their equivalent, or who is beyond the age of compulsory education as prescribed
4.32by section 120A.22; and
5.1 (2) the school must be licensed by name and authorized by the Department of Higher
5.2Education and the board to offer one or more training programs beyond the secondary level.
5.3 Sec. 12. Minnesota Statutes 2012, section 155A.32, is amended to read:
5.4155A.32 DISPLAY OF LICENSE.
5.5
5.6place in the place of business.
5.7
5.8
5.9
5.10
5.11
5.12 Sec. 13. Minnesota Statutes 2012, section 155A.33, subdivision 4, is amended to read:
5.13 Subd. 4. Licensing and registration actions. (a) With respect to a person who is a
5.14holder of or applicant for a license or registration under this chapter, the board may by
5.15order deny, refuse to renew, suspend, temporarily suspend, or revoke the application,
5.16license, or registration, censure or reprimand the person, refuse to permit the person to
5.17sit for examination, or refuse to release the person's examination grades, if the board
5.18finds that such an order is in the public interest and that, based on a preponderance of the
5.19evidence presented, the person has:
5.20(1) violated a statute, rule, or order that the board has adopted or issued or is
5.21empowered to enforce;
5.22(2) engaged in conduct or acts that are fraudulent, deceptive, or dishonest,
5.23
5.24chapter, if the fraudulent, deceptive, or dishonest conduct or acts reflect adversely on the
5.25person's ability or fitness to engage in the practice of the profession;
5.26(3) engaged in conduct or acts that constitute malpractice, are negligent, demonstrate
5.27incompetence, or are otherwise in violation of the standards in the rules of the board,
5.28where the conduct or acts relate to the practice of a profession regulated by this chapter;
5.29(4) employed fraud or deception in obtaining a license, registration, renewal, or
5.30reinstatement, or in passing all or a portion of the examination;
5.31(5) had a license, registration, right to examine, or other similar authority revoked in
5.32another jurisdiction;
5.33(6) failed to meet any requirement for issuance or renewal of the person's license
5.34or registration;
6.1(7)
6.2
6.3
6.4
6.5
6.6
6.7
6.8(8) performed licensed services while consuming or under the influence of an
6.9intoxicant or controlled substance;
6.10
6.11
6.12supervision or control to
6.13 offer or practice services regulated by this chapter
6.14
6.15
6.16
6.17
6.18adopted by the board;
6.19
6.20
6.21
6.22 infection control;
6.23
6.24
6.25
6.26
6.27
6.28
6.29
6.30
6.31
6.32
6.33this chapter, or failed to provide the board or the attorney general on behalf of the board
6.34with any documents or records they request; or
6.35
6.36
7.1
7.2
7.3
7.4
7.5disability, national origin, or sex;
7.6
7.7
7.8
7.9engaged in conduct, or committed practices that the board, or complaint committee if
7.10authorized by the board, has determined may result or may have resulted in an immediate
7.11threat to the public.
7.12(b) In lieu of or in addition to any remedy under paragraph (a), the board may, as a
7.13condition of continued licensure or registration, termination of suspension, reinstatement
7.14of licensure or registration, examination, or release of examination results, require that
7.15the person:
7.16(1) submit to a quality review of the person's ability, skills, or quality of work,
7.17conducted in a manner and by a person or entity that the board determines; or
7.18(2) completes to the board's satisfaction continuing education as the board requires.
7.19(c) Service of an order under this subdivision is effective if the order is served in
7.20person, or is served by certified mail to the most recent address provided to the board by
7.21the licensee, registrant, applicant, or counsel of record. The order must state the reason
7.22for the entry of the order.
7.23(d) Except as provided in subdivision 5, paragraph (c), all hearings under this
7.24subdivision must be conducted in accordance with the Administrative Procedure Act.
7.25 Sec. 14. EXPEDITED RULEMAKING.
7.26The Board of Cosmetology Examiners shall adopt rules to implement the statutory
7.27changes made in this act. The board must use the expedited process in Minnesota Statutes,
7.28section 14.389, to adopt these rules.
7.29 Sec. 15. REPEALER.
7.30Minnesota Statutes 2012, sections 155A.24, subdivisions 3 and 4; and 155A.27,
7.31subdivision 3, are repealed.
