Bill Text: MN SF770 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Cosmetology continuing education requirements establishment
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2013-03-13 - Comm report: To pass as amended and re-refer to Finance [SF770 Detail]
Download: Minnesota-2013-SF770-Engrossed.html
1.2relating to cosmetologists; establishing continuing education requirements;
1.3establishing a good cause exemption to rulemaking;amending Minnesota
1.4Statutes 2012, section 155A.27, subdivision 7; proposing coding for new law
1.5in Minnesota Statutes, chapter 155A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 155A.27, subdivision 7, is amended to read:
1.8 Subd. 7. Renewals. Renewal of license shall be for a period of three years
1.9under conditions and process established by rule and subject to continuing education
1.10requirements of section 155A.271.
1.11 Sec. 2. [155A.271] CONTINUING EDUCATION REQUIREMENTS.
1.12 Subdivision 1. Continuing education requirements. Effective August 1, 2014,
1.13to qualify for license renewal under this chapter as an individual cosmetologist, nail
1.14technician, esthetician, or salon manager, the applicant must attest to the completion of
1.15four hours of continuing education credits from an accredited school or a professional
1.16association of cosmetology during the three years prior to the applicant's renewal
1.17date. One credit hour of the requirement must include instruction pertaining to state
1.18laws and rules governing the practice of cosmetology. Three credit hours must include
1.19instruction pertaining to health, safety, and sanitation matters consistent with the United
1.20States Department of Labor's Occupational Safety and Health Administration standards
1.21applicable to the practice of cosmetology, or other applicable federal health, sanitation,
1.22and safety standards, and must be regularly updated so as to incorporate newly developed
1.23standards and accepted professional best practices. Credit hours earned are valid for three
2.1years and may be applied simultaneously to all individual licenses held by a licensee under
2.2this chapter. This subdivision does not apply to instructors or inactive licenses.
2.3 Subd. 2. Schools and professional association. Only a board-licensed school of
2.4cosmetology, a postsecondary institution as defined in section 136A.103, paragraph (a), or
2.5a board-recognized professional association may offer continuing education curriculum
2.6for credit under this section. The school or professional association may offer online
2.7and independent study options to achieve maximum involvement of licensees and is
2.8encouraged to offer classes available in foreign language formats.
2.9 Subd. 3. Proof of credits. The school or professional association shall provide
2.10to licensees who attend a class a receipt to prove completion of the class. Licensees
2.11shall retain proof of their continuing education credits for one year beyond the credit's
2.12expiration. The school or professional association shall retain documentation of all
2.13licensees successfully completing a class and the licensee's credit hours for five years.
2.14 Subd. 4. Audit. The board shall conduct random audits of active licensees
2.15periodically to ensure compliance with continuing education requirements. To initiate
2.16an audit, the board shall notify an active licensee of the audit and request proof of
2.17credits earned during a specified period. The licensee must provide the requested proof
2.18to the board within 30 days of an audit notice. The board may request that a school or
2.19professional association verify a licensee's credits. The school or professional association
2.20must furnish verification, or a written statement that the credits are not verified, within
2.2115 days of the board's request for verification. If the board determines that a licensee has
2.22failed to provide proof of necessary credits earned during the specified time, the board
2.23may revoke the individual's license and may deem the individual a lapsed practitioner
2.24subject to penalty under section 155A.25 or 155A.36.
2.25 Sec. 3. GOOD CAUSE EXEMPTION.
2.26The Board of Cosmetology may amend Minnesota Rules so that they conform with
2.27the amendments to Minnesota Statutes in this act. The Board of Cosmetology may use the
2.28good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause
2.29(3), in adopting the amendment, and Minnesota Statutes, section 14.386, does not apply,
2.30except as it relates to Minnesota Statutes, section 14.388.
2.31 Sec. 4. REVISOR'S INSTRUCTION.
2.32The revisor of statutes shall replace the term "manicurist" with the term "nail
2.33technician" wherever it appears in Minnesota Statutes and Minnesota Rules.
1.3establishing a good cause exemption to rulemaking;amending Minnesota
1.4Statutes 2012, section 155A.27, subdivision 7; proposing coding for new law
1.5in Minnesota Statutes, chapter 155A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 155A.27, subdivision 7, is amended to read:
1.8 Subd. 7. Renewals. Renewal of license shall be for a period of three years
1.9under conditions and process established by rule and subject to continuing education
1.10requirements of section 155A.271.
1.11 Sec. 2. [155A.271] CONTINUING EDUCATION REQUIREMENTS.
1.12 Subdivision 1. Continuing education requirements. Effective August 1, 2014,
1.13to qualify for license renewal under this chapter as an individual cosmetologist, nail
1.14technician, esthetician, or salon manager, the applicant must attest to the completion of
1.15four hours of continuing education credits from an accredited school or a professional
1.16association of cosmetology during the three years prior to the applicant's renewal
1.17date. One credit hour of the requirement must include instruction pertaining to state
1.18laws and rules governing the practice of cosmetology. Three credit hours must include
1.19instruction pertaining to health, safety, and sanitation matters consistent with the United
1.20States Department of Labor's Occupational Safety and Health Administration standards
1.21applicable to the practice of cosmetology, or other applicable federal health, sanitation,
1.22and safety standards, and must be regularly updated so as to incorporate newly developed
1.23standards and accepted professional best practices. Credit hours earned are valid for three
2.1years and may be applied simultaneously to all individual licenses held by a licensee under
2.2this chapter. This subdivision does not apply to instructors or inactive licenses.
2.3 Subd. 2. Schools and professional association. Only a board-licensed school of
2.4cosmetology, a postsecondary institution as defined in section 136A.103, paragraph (a), or
2.5a board-recognized professional association may offer continuing education curriculum
2.6for credit under this section. The school or professional association may offer online
2.7and independent study options to achieve maximum involvement of licensees and is
2.8encouraged to offer classes available in foreign language formats.
2.9 Subd. 3. Proof of credits. The school or professional association shall provide
2.10to licensees who attend a class a receipt to prove completion of the class. Licensees
2.11shall retain proof of their continuing education credits for one year beyond the credit's
2.12expiration. The school or professional association shall retain documentation of all
2.13licensees successfully completing a class and the licensee's credit hours for five years.
2.14 Subd. 4. Audit. The board shall conduct random audits of active licensees
2.15periodically to ensure compliance with continuing education requirements. To initiate
2.16an audit, the board shall notify an active licensee of the audit and request proof of
2.17credits earned during a specified period. The licensee must provide the requested proof
2.18to the board within 30 days of an audit notice. The board may request that a school or
2.19professional association verify a licensee's credits. The school or professional association
2.20must furnish verification, or a written statement that the credits are not verified, within
2.2115 days of the board's request for verification. If the board determines that a licensee has
2.22failed to provide proof of necessary credits earned during the specified time, the board
2.23may revoke the individual's license and may deem the individual a lapsed practitioner
2.24subject to penalty under section 155A.25 or 155A.36.
2.25 Sec. 3. GOOD CAUSE EXEMPTION.
2.26The Board of Cosmetology may amend Minnesota Rules so that they conform with
2.27the amendments to Minnesota Statutes in this act. The Board of Cosmetology may use the
2.28good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause
2.29(3), in adopting the amendment, and Minnesota Statutes, section 14.386, does not apply,
2.30except as it relates to Minnesota Statutes, section 14.388.
2.31 Sec. 4. REVISOR'S INSTRUCTION.
2.32The revisor of statutes shall replace the term "manicurist" with the term "nail
2.33technician" wherever it appears in Minnesota Statutes and Minnesota Rules.
