Board of Barber Examiners provisions modified.

A bill for an act

relating to barbers; modifying provisions relating to the Board of Barber Examiners;

amending Minnesota Statutes 2024, sections 154.001, subdivision 2; 154.003;

154.01; 154.02, subdivisions 1, 4, by adding subdivisions; 154.05; 154.07,

subdivision 1, by adding a subdivision; 154.08; 154.09; 154.11, subdivision 1, by

adding a subdivision; repealing Minnesota Rules, parts 2100.2500; 2100.2600;

2100.2900; 2100.3000; 2100.3200; 2100.3300; 2100.4500; 2100.5200, subparts

1, 2, 5; 2100.5300; 2100.6000.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 154.001, subdivision 2, is amended to read:

Subd. 2.

Board of Barber Examiners.

(a) A Board of Barber Examiners is established

to consist of four barber 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
.
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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.
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Sec. 2.

Minnesota Statutes 2024, section 154.003, is amended to read:

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 board. The board shall deposit the fees in the general fund in the state

treasury.

(b) The board shall charge the following fees:

(1)
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practical
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examination
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and certificate
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, registered barber,
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$85
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$80
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;

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(2) retake of written examination, $10;

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(2) initial barber registration, $80;

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(3) examination and certificate, instructor, $180;

(4) certificate, instructor, $65;

(5) temporary teacher permit, $80;

(6) temporary registered barber, military, $85;

(7) temporary barber instructor, military, $180;

(8) renewal of registration, registered barber, $80;

(9) renewal of registration, instructor, $80;

(10) renewal of temporary teacher permit, $65;

(11) student permit, $45;

(12) renewal of student permit, $25;

(13) initial shop registration, $85;

(14) initial school registration, $1,030;

(15) renewal shop registration, $85;

(16) renewal school registration, $280;

(17) restoration of registered barber registration, $95;

(18) restoration of shop registration, $105;

(19) change of ownership or location, $55;

(20) duplicate registration, $40;

(21) home study course, $75;

(22) letter of registration verification, $25; and

(23) reinspection, $100.

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(c) If the board uses a board-approved examination provider for any portion of the

comprehensive registered barber examination and the provider charges a fee, an examinee

must pay the fee directly to the provider. A fee charged by a provider under this paragraph

is separate from and not included in the fees that an examinee pays to the board.

new text end

Sec. 3.

Minnesota Statutes 2024, section 154.01, is amended to read:

154.01 REGISTRATION MANDATORY.

(a) The registration of the practice of barbering serves the public health and safety of

the people of the state of Minnesota by ensuring that individuals seeking to practice the

profession of barbering are appropriately trained in the use of the chemicals, tools, and

implements of barbering and demonstrate the skills necessary to conduct barber services in

a safe, sanitary, and appropriate environment required for infection control.

(b) No person shall practice, offer to practice, or attempt to practice barbering without

a current certificate of registration as a registered barber, issued
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pursuant to provisions of

sections
154.001
,
154.002
,
154.003
,
154.01
to
154.162
,
154.19
to
154.21
, and
154.24
to

154.28
deleted text end
by the Board of Barber Examiners.

(c) A registered barber must only provide barbering services in a registered barber shop

or barber school, unless prior authorization is given by the board.

(d) 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 to the barber shop establishment

address
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, under sections
154.001
,
154.002
,
154.003
,
154.01
to
154.162
,
154.19
to
154.21
,

and
154.24
to
154.28
deleted text end
by the Board of Barber Examiners.

(e) 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
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under sections
154.001
,
154.002
,
154.003
,
154.01
to
154.162
,
154.19
to
154.21
, and
154.24

to
154.28
deleted text end
by the Board of Barber Examiners. Barber instruction must be provided in

registered barber schools only.

(f) No person shall operate a barber school unless the owner or operator possesses a

current certificate of registration as a barber school, issued
deleted text begin
under sections
154.001
,
154.002
,

154.003
,
154.01
to
154.162
,
154.19
to
154.21
, and
154.24
to
154.28
deleted text end
by the Board of Barber

Examiners.

Sec. 4.

Minnesota Statutes 2024, section 154.02, subdivision 1, is amended to read:

Subdivision 1.

What constitutes barbering.

Any one or any combination of the

following practices when done upon the head, face, 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
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sections
154.001
,
154.002
,
154.003
,
154.01
to
154.162
,

154.19
to
154.21
, and
154.24
to
154.28
deleted text end
new text begin
this chapter
new text end
: to shave the face or neck
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using a straight

razor or other tool
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, trim the beard, clean, condition, cut, color, shape, or straighten 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 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 hair, scalp, face, or neck.
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The removal of hair through the

process of waxing is not barbering.
new text end

Sec. 5.

Minnesota Statutes 2024, section 154.02, subdivision 4, is amended to read:

Subd. 4.

Certificate of registration.

A "certificate of registration" means the certificate

issued to an individual,
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a
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barber shop, or
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a
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barber school that is in compliance with
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the

requirements of sections
154.001
,
154.002
,
154.003
,
154.01
to
154.162
,
154.19
to
154.21
,

and
154.24
to
154.28
deleted text end
new text begin
this chapter
new text end
.

Sec. 6.

Minnesota Statutes 2024, section 154.02, is amended by adding a subdivision to

read:

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Subd. 7.

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Straight razor.

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A straight razor is a razor with a rigid steel cutting blade or a

replaceable blade that is hinged to a case that forms a handle when the razor is open for use.

new text end

Sec. 7.

Minnesota Statutes 2024, section 154.02, is amended by adding a subdivision to

read:

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Subd. 8.

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Waxing.

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Waxing is the process of removing hair from a part of the body by

applying wax and peeling off the wax.

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Sec. 8.

Minnesota Statutes 2024, section 154.05, is amended to read:

154.05 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A

REGISTERED BARBER.

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(a)
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A person is qualified to receive a certificate of registration as a registered barber if

the person:

(1)
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has successfully completed ten grades of education
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is at least 17 years of age
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;

(2) has successfully completed 1,500 hours of study
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of which 281 hours are classroom

hours and 1,219 hours are practical hours
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in a board-approved barber school; and

(3) has passed
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an
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a comprehensive
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examination
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conducted by the board
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in accordance

with section 154.09
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to determine
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the person's
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fitness to practice barbering.

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(b) A first-time applicant for a certificate of registration to practice as a registered barber

who fails to pass the comprehensive examination conducted by the board and who fails to

pass a onetime retake of the written examination, shall complete an additional 500 hours

of barber education before being eligible to retake the comprehensive examination as many

times as necessary to pass.

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Sec. 9.

Minnesota Statutes 2024, section 154.07, subdivision 1, is amended to read:

Subdivision 1.

Admission requirements; course of instruction.

No barber school shall

be approved by the board unless
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it
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the barber school
new text end
requires,
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as a prerequisite to admission,

ten grades of an approved school or its equivalent, as determined by educational transcript,

high school diploma, high school equivalency certificate, or 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,
deleted text end
as a prerequisite to graduation, a course of

instruction of at least 1,500 hours of not more than ten hours of schooling 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 sanitation; disinfection; 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 waving and straightening of hair.

Sec. 10.

Minnesota Statutes 2024, section 154.07, is amended by adding a subdivision to

read:

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Subd. 7.

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Application review process.

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(a) Upon receipt of an application to establish a

barber school, the board must consider the application during a meeting that is open to the

public. At the meeting, the applicant must demonstrate that:

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(1) the contents of the application are true, as required by chapter 154 and the rules of

the board; and

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(2) the applicant has sufficient financial resources to fund the barber school.

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(b) The board may deny an application if the board determines that the applicant's

financial resources would be insufficient to:

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(1) maintain and operate a barber school; and

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(2) ensure that the barber school would be open long enough for all registered students

to graduate from the barber school.

new text end

Sec. 11.

Minnesota Statutes 2024, section 154.08, is amended to read:

154.08 APPLICATION; FEE.

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Subdivision 1.

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Application and fee requirements.

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Each applicant for an examination

shall:

(1) make
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an
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application to the Board of Barber Examiners
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or a board-approved

examination provider
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on blank forms prepared and furnished by
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it, the application to
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the

board or the board-approved provider. The application must
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contain proof under the

applicant's oath of the particular qualifications and identity of the applicant;

(2) provide all documentation required in support of the application;

(3) pay to the board the required fee;
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and
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(4) upon acceptance of the notarized application
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,
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present a corresponding

government-issued photo identification when the applicant appears for
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the
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examination
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.
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;

and
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(5) file an application with the board no later than the twentieth day of the month

preceding the month when the practical portion of the exam is administered.

new text end

Sec. 12.

Minnesota Statutes 2024, section 154.09, is amended to read:

154.09 EXAMINATIONS, CONDUCT AND SCOPE.

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Subdivision 1.

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Examination dates.

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The board
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or a board-approved examination provider
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shall conduct
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practical
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examinations of applicants for certificates of registration to practice

as registered barbers not more than
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six
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eight
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times each year, at such time and place as the

board may determine.
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Additional
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Written examinations may be scheduled
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by the board
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and

conducted by board staff
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or a board-approved provider
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as designated by the board.

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Subd. 2.

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Documentation required.

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The
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proprietor
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owner or operator
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of a barber school

must file an affidavit with the board of hours completed by students applying to take the
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registered barber
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new text begin
comprehensive
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examination. Students must complete the full 1,500-hour

curriculum in a barber school approved by the board
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within the past four years
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to be eligible

for
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the
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examination.
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Barber students who have completed barber school more than four

years prior to application, that have not obtained a barber registration, license, or certificate

in any jurisdiction must complete an additional 500 hours of barber school education to be

eligible for the registered barber examination.
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new text begin

Subd. 3.

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Examinations for registration restoration.

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Registered barbers that fail
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new text begin
An

individual who fails
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to renew
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their
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new text begin
the individual's barber
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registration for four or more years
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are
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is
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required to
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purchase and complete the "Home Study Course for Barbers" program

that was prepared and approved by the board before the individual is eligible to apply to
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take the
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registered barber
deleted text end
new text begin
comprehensive
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examination to reinstate the
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individual's
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registration.

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Subd. 4.

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Examinations for individuals seeking reciprocity.

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An individual who must

pass the comprehensive examination under section 154.11 must purchase and complete the

"Home Study Course for Barbers" program that was prepared and approved by the board

before the individual is eligible to take the comprehensive examination.

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new text begin

Subd. 5.

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Contents of examination.

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The
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comprehensive
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examination
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of applicants for

certificates of registration as barbers shall
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new text begin
must
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include
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:
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(1)
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a practical
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demonstration
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new text begin
portion that consists of: a haircut and three of the following

practical services that the board shall determine: a shave, a beard trim, a shampoo, a perm

wrap, a facial, or a color application;
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and

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(2)
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a written
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test. The examination must cover
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new text begin
portion that covers
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the subjects taught in

barber schools
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registered with the board, including
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new text begin
as required by this chapter,
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applicable

state
deleted text begin
statute
deleted text end
new text begin
statutes,
new text end
and
deleted text begin
rule
deleted text end
new text begin
rules
new text end
.

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Subd. 6.

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Examination grading.

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The comprehensive examination must be graded as

follows:

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(1) the grading for the practical portion of the examination must be on a scale of one to

100, with 100 representing a perfect score. A score of 75 must be the minimum passing

grade for the haircut portion and 75 must be the minimum passing score for the average of

the remaining parts of the practical examination; and

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new text begin

(2) the minimum passing score for the written portion of the examination is 75 percent.

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Subd. 7.

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Failure of examination.

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(a) An individual who does not pass one portion of

the comprehensive examination within a year of passing the other portion of the

comprehensive examination must retake the entire comprehensive examination.

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(b) An individual who has failed a portion of the comprehensive examination may retake

that portion of the examination within a year of passing the other portion after meeting the

requirements of this chapter, paying any required fees, and making an application to the

board as required by section 154.08.

new text end

Sec. 13.

Minnesota Statutes 2024, section 154.11, subdivision 1, is amended to read:

Subdivision 1.

Examination of nonresidents.

(a) A person who meets all of the

requirements for barber registration in
deleted text begin
sections
154.001
,
154.002
,
154.003
,
154.01
to

154.162
,
154.19
to
154.21
, and
154.24
to
154.28
deleted text end
new text begin
this chapter
new text end
and either has a currently

active license, certificate of registration, or equivalent as a practicing barber or instructor

of barbering as verified from another state or, if presenting foreign country credentials as

verified by a board-approved professional credential evaluation provider, which in the

discretion of the board has substantially the same requirements for registering barbers and

instructors of barbering as required
deleted text begin
by sections
154.001
,
154.002
,
154.003
,
154.01
to

154.162
,
154.19
to
154.21
, and
154.24
to
154.28
deleted text end
new text begin
in this chapter
new text end
shall, upon payment of the

required fee, be issued a certificate of registration without examination.

(b) Individuals without a current documented license, certificate of registration, or

equivalent, as verified in paragraph (a), must have a minimum of 1,500 hours of barber

education as verified by the barber school attended in the other state or if presenting foreign

country education as verified by a board-approved professional credential evaluation provider,

completed within the previous four years, which, in the discretion of the board, has

substantially the same requirements as required in
deleted text begin
sections
154.001
,
154.002
,
154.003
,

154.01
to
154.162
,
154.19
to
154.21
, and
154.24
to
154.28
deleted text end
new text begin
this chapter
new text end
will be eligible for

examination.

(c) Individuals unable to meet the requirements in paragraph (a) or (b) shall be subject

to all the requirements of section
154.05
.

Sec. 14.

Minnesota Statutes 2024, section 154.11, is amended by adding a subdivision to

read:

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Subd. 4.

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new text begin

Examination of cosmetologists.

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(a) A person may be credited with up to 1,000

hours of study toward the 1,500 hours of study required under section 154.05 if the person:

new text end

new text begin

(1) has hours of study that the board determines are substantially similar to the

requirements in section 154.07;

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new text begin

(2) has a currently active license verified by the issuing state or a certificate of registration

verified by the issuing state, or equivalent, as a practicing cosmetologist; or

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new text begin

(3) has credentials as a practicing cosmetologist from a foreign country that are verified

by a board-approved professional credential evaluation provider and the board has determined

that the foreign country's curriculum requirements are substantially similar to the

requirements in section 154.07.

new text end

new text begin

(b) After a person with credited hours under paragraph (a) completes the remaining

required hours in a board-approved barber school and meets the requirements of section

154.05, clause (1), the person is eligible for the comprehensive examination.

new text end

Sec. 15.
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REPEALER.
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new text begin

Minnesota Rules, parts 2100.2500; 2100.2600; 2100.2900; 2100.3000; 2100.3200;

2100.3300; 2100.4500; 2100.5200, subparts 1, 2, and 5; 2100.5300; and 2100.6000,

new text end

new text begin

are

repealed.

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APPENDIX

Repealed Minnesota Rule: 26-06008

2100.2500 EXAMINATION DATES.

Examinations for a certificate as a registered barber shall be held in the second week of February, May, August, and November of each year. Notice of the examination shall be given during the first week of the month preceding the month in which the examination is to be held. Two additional examinations may be held when the board determines it is cost efficient.

2100.2600 APPLICATION FOR EXAMINATION.

An applicant for examination as a registered barber shall file an application for examination on forms furnished by the board. This application must be filed with the board no later than the 20th day of the month preceding the month in which the examination is to be given; provided, however, that the board shall, upon the showing of a hardship, accept applications at a later date.

Applicants for registered barber status must complete the program entitled "Home Study Course for Barbers" prepared or approved by the Board of Barber Examiners before the examination may be taken.

2100.2900 CONTENTS OF EXAMINATION.

An examination consists of five parts: a written examination and four practical services. The type of haircut, shave or beard trim, and two of the following practical services: shampoo, perm wrap, facial, or color application, will be determined at the discretion of the board.

2100.3000 GRADING OF EXAMINATION.

The registered barber examinations given pursuant to Minnesota Statutes, section
154.09
, shall be graded as follows: The grading criteria for the written part of the examination and the passing grade will be established for each written examination at the time of its preparation; however, the lowest passing grade established shall never be less than 55. The grading for the practical performances part of the examination will be on a scale of 1 to 100 with 100 representing a perfect score. A score of 75 will be the minimum passing grade for the haircut portion, and 75 will also be the minimum passing score for the average of the remaining parts of the practical performances. If an applicant does not receive at least the established minimum passing grade on the written portion of the examination, or at least a grade of 75 on the haircut portion of the examination, or score an average of at least 75 on the remaining parts of the practical examination, the applicant will have failed the examination, and may only retake the examination after paying the necessary fee and meeting the requirements of Minnesota Statutes, section
154.05
.

2100.3200 FAILURE OF EXAMINATION.

An individual who has not held a Minnesota barber registration prior to examination and who fails the examination and onetime written retake, if applicable, shall complete an additional 500 hours of barber school to be eligible to retake the examination as many times as necessary to pass.

An individual who has previously held a Minnesota barber registration as an apprentice or registered barber may take the examination as many times as necessary to reinstate the registration without additional barber school hours.

2100.3300 FAILURE TO RENEW CERTIFICATE WITHIN FOUR YEARS.

A registered barber who has failed to renew the certificate of registration for four years or more from the date of expiration must complete the current program entitled "Home Study Course for Barbers" prepared or approved by the Board of Barber Examiners and take and pass the registered barber examination before a certificate of registration may be issued. Home Study Course for Barbers is required prior to examination for all examinees.

2100.4500 INSTRUCTOR REGISTRATION QUALIFICATION.

To qualify for an instructor's examination, an applicant must be a registered barber with three years' experience.

2100.5200 CONSIDERATIONS IN REGISTRATION ISSUANCE.

§

Subpart 1.

Factors.

Upon receipt of an application for establishment of a barber school, the board shall give consideration to the factors in subparts 2 and 5.

§

Subp. 2.

Public welfare.

The board shall give consideration to any detriment to the public welfare and the need for barber school facilities in the community and neighborhood where the proposed barber school is to be located, giving particular consideration to:

§

A.

the economic character of the community and neighborhood;

§

B.

the effect on existing barber shops and barber schools in the community;

§

C.

the availability of adequate support for the proposed barber school in the community and neighborhood with particular regard to adequate practice for students;

§

D.

the extent to which the proposed barber school would draw patrons from adjacent communities or neighborhoods and the character thereof; and

§

E.

the effect of the establishment of a barber school on the social and economic aspects of the community and neighborhood and adjacent communities and neighborhoods in regard to the proposed site.

§

Subp. 5.

Student-registered instructor ratio.

There must be at least one instructor for every 17 students enrolled.

2100.5300 PUBLIC HEARING ON REGISTRATION APPLICATION.

Upon receipt of an application for the establishment of a barber school, the board shall conduct a public hearing in accordance with Minnesota Statutes, chapter
14
, and rules promulgated thereunder. The applicant shall show at such hearing, by competent evidence, the factual basis of the assertions of the application and the applicant's qualifications as required by Minnesota Statutes, chapter
154
, and the rules of the board. The applicant shall further show financial qualifications and it shall be a sufficient reason for denial of the application that the board considers the financial resources of the applicant to be insufficient to maintain and operate a barber school and assure the graduation of students who are registered in such school and have paid their tuition.

2100.6000 HOURS OF INSTRUCTION.

Each student, including each part-time student, must complete at least 281 classroom hours and 1,219 practical hours in the required 1,500-hour course.