Minn. R. (Cosmetologist Examiners Board) | Minnesota Rules — Cosmetologist Examiners Board

Chapter 2105 COSMETOLOGY; INDIVIDUALS AND SALONS

Minn. R. 2105.0010 Definitions

Subpart 1. Scope.

For the purposes of this chapter, the terms defined in this part have the meanings given them, unless their context clearly requires otherwise.

Subp. 1a. Active license.

"Active license" means a current license that has not expired and is not retired.

Subp. 1b. Advanced exfoliation.

"Advanced exfoliation" means a cosmetic procedure removing epidermal skin cells through manual, mechanical, or chemical means.

Subp. 1c. Advanced extraction.

"Advanced extraction" means an extraction performed using lancets or needles.

Subp. 2. Advertising.

"Advertising" means any written or graphic representation designed to elicit enrollment or the sale of goods or services and includes signs, displays, circulars, business cards, brochures, and recruitment materials in print, on air, or online.

Subp. 2a. Autoclave.

"Autoclave" means a device registered and listed with the Food and Drug Administration used to sterilize tools, equipment, and supplies by subjecting them to high pressure saturated steam.

Subp. 2b. Basic exfoliation.

"Basic exfoliation" means the removal of dead skin cells in the stratum corneum layer of the epidermis through manual or chemical means.

Subp. 2c. Basic extraction.

"Basic extraction" means extractions performed using gloved fingers, cotton swabs, or comedone extractors.

Subp. 3. Board.

"Board" means the Board of Cosmetologist Examiners.

Subp. 3a. Chemical peel.

"Chemical peel" means a chemical exfoliation achieved by applying nonprescription chemical solutions or products.

Subp. 4. Clean.

"Clean" means free from all soil, dirt, and debris, and washed with soap and water, or a cleaning agent, and rinsed.

Subp. 4a. Compensation.

"Compensation" means a monetary or nonmonetary remuneration for services.

Subp. 4b. Disinfect.

"Disinfect" means the use of an antimicrobial pesticide that eliminates harmful bacteria, fungi, and viruses on nonporous surfaces.

Subp. 4c. Disinfectant.

"Disinfectant" means an antimicrobial pesticide that is registered with the Environmental Protection Agency for use in a hospital setting and is a bactericide, virucide, and fungicide.

Subp. 5.

[Repealed, 41 SR 305]

Subp. 6.

[Renumbered subp 4a]

Subp. 7.

[Repealed, 44 SR 941]

Subp. 8.

[Repealed, 41 SR 305]

Subp. 8a. Electrical energy treatments.

"Electrical energy treatments" means advanced practice esthetic services for the cosmetic care of the skin that use electrical energy as applied by skin care equipment used on the epidermal layer. Electrical energy treatments use light, direct current, indirect current, or sound energy, but do not include laser as identified in Minnesota Statutes, section 147.081, subdivision 3, as the practice of medicine.

Subp. 9.

[Repealed, 41 SR 305]

Subp. 9a. Extraction.

"Extraction" means the cosmetic technique of removing impactions and comedones from follicles.

Subp. 10. Good repair.

"Good repair" means that an item is clean, with no holes, frayed wires, or tears in coverings, and fully operational for the purpose intended.

Subp. 10a.

[Repealed, 44 SR 941]

Subp. 10b.

[Repealed, 44 SR 941]

Subp. 10c.

[Renumbered subp 10a]

Subp. 10c.

[Repealed, 44 SR 941]

Subp. 10d. Hazardous.

"Hazardous" means a hazardous substance or harmful physical agent as defined under part 5206.1500, subpart 6, or any substance defined as hazardous in Code of Federal Regulations, title 29, part 1910.1200.

Subp. 10e. Homebound.

"Homebound" means an individual lacks the physical or intellectual capacity for independent transportation and is unable to travel independently to a licensed salon.

Subp. 11. Licensed services.

"Licensed services" means those services defined as the practice of cosmetology under Minnesota Statutes, section 155A.23, subdivision 3.

Subp. 11a. Lymphatic drainage.

"Lymphatic drainage" means a procedure using a light rhythmic pressure applied by manual or other means to the skin using specific lymphatic manipulations to promote drainage of the lymphatic fluid through the tissue.

Subp. 11b. Microdermabrasion.

"Microdermabrasion" means a cosmetic procedure using mechanical or manual means of light abrasion on the epidermal layer of the skin.

Subp. 11c. Mobile structure.

"Mobile structure" means a trailer or other enclosed space towed by a vehicle. A mobile structure does not include a manufactured home as defined in Minnesota Statutes, section 327.31, subdivision 6.

Subp. 11d. Nursing home.

"Nursing home" means a facility that is licensed under Minnesota Statutes, chapter 144A, and does not include any attached or adjacent facilities that are not licensed as a nursing home under Minnesota Statutes, chapter 144A.

Subp. 11e. Operator.

"Operator" means a standard license for a practitioner and not a manager license.

Subp. 11f. Physical location.

"Physical location" means the contiguous space representing each salon that can be accessed by customers without exiting the salon.

Subp. 11g. Porous material.

"Porous material" means a material that absorbs liquid or allows liquid to penetrate.

Subp. 11h. Sharps.

"Sharps" means any object, sterile or contaminated, that may purposefully or accidentally cut or penetrate the skin or mucosa including presterilized single-use lancets, dermal blades, and razor blades.

Subp. 11i. Sharps container.

"Sharps container" means a closed, puncture-resistant, leak-proof container, labeled with the international biohazard symbol, that is used for handling, storage, transportation, and disposal of sharps.

Subp. 11j. Simple braiding devices.

"Simple braiding devices" include clips, combs, curlers, curling irons, hairpins, rollers, scissors, needles, and thread.

Subp. 11k. Special event.

"Special event" means an event held for any purpose other than the provision of licensed services, where a participant in the event may receive the limited cosmetology services described in part 2105.0410, subpart 2, at a location not in a licensed salon.

Subp. 11l. Sterilization.

"Sterilization" means the destruction of all microbial life and spores through the use of heat, steam, or chemical sterilants.

Subp. 12.

[Repealed, 41 SR 305]

Subp. 12a. Suite-style salon.

"Suite-style salon" means a business under part 2105.0397 specializing in leasing or renting individual rooms or suites to licensees, where the salon license may be carried by the business or where each suite has its own salon license.

Subp. 13. Unregulated service.

Subp. 14. Work area.

"Work area" means a space where regulated services are provided. A separate work area is created when the service area is partitioned from other salon spaces or work areas by walls at least six feet high and doorways of less than five feet in width.

History

Statutory Authority: MS s 14.389; 45.023; 154.22; 154.24; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2014 c 169 s 4; L 2015 c 77 art 2 s 81; L 2017 1Sp4 art 2 s 64
History: L 1983 c 289 s 114 subd 1; L 1984 c 655 art 1 s 92; 10 SR 474; 11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; 30 SR 1248; L 2009 c 78 art 6 s 26; 39 SR 393; 41 SR 305; 41 SR 1087; 42 SR 589; 43 SR 347; 44 SR 941

Minn. R. 2105.0100 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2105.0105 Scope

Subpart 1. Cosmetology.

The practice of cosmetology includes the services defined under Minnesota Statutes, section 155A.23, subdivision 3, and includes all services in subparts 2, 3, and 4. Cosmetology does not include advanced practice esthetic services in subpart 5. Cosmetology practice includes:

A. shampooing, conditioning, cutting, clipping, coloring, dressing, processing, shaping, straightening, bleaching, tinting, styling, blow-drying, or waving a person's hair, eyebrows, or eyelashes;

B. styling, cutting, and coloring wigs when on a person's head;

C. cleansing, massaging, and stimulating the scalp;

D. using a razor to remove hair from the head, face, and neck; and

E. other services for the cosmetic care of the hair, head, and scalp.

Subp. 2. Esthetics.

The practice of esthiology is the cosmetic treatment of the stratum corneum of the epidermal layer of the skin surface. Esthetic practice includes eyelash technology services in subpart 4 and includes items A to F:

A. cleansing, stimulating, or massaging a person's scalp, face, neck, arms, legs, or trunk with or without the use of any cosmetic preparation, antiseptic, tonic, lotion, or cream;

B. cosmetic care of a person's face, eyelashes, eyebrows, lips, nose, neck, arms, legs, or trunk using a cosmetic preparation, antiseptic, tonic, lotion, powder, oil, gels, paraffin, clay, cream, or makeup;

C. basic exfoliation as defined in part 2105.0010, manual or machine skin cleansing, and basic extractions;

D. removing hair from a person's body using depilatories, waxes, preparations, sugaring, or tweezing;

E. application of makeup or airbrush makeup, eyelash and eyebrow tinting, eyebrow shaping and trimming, eyelash and eyebrow enhancements, facials, and body wraps; and

F. other cosmetic services on the stratum corneum layer of the epidermis.

Subp. 3. Nail technician services.

The practice of nail technology is the cosmetic care of the hands, feet, and nails. Nail technician services do not include waxing, eyelash or eyebrow enhancements, or any other esthetician service. Nail technicians must not use any tool or equipment to penetrate the skin.

Nail technology includes:

A. cleansing, removing polish, cutting, trimming, polishing, tinting, coloring, or manicuring the fingernails or toenails;

B. attaching and removing acrylic, other artificial nails, or nail enhancements;

C. cleansing, massaging, and cosmetic care of the skin of the hands and feet including paraffin treatments;

D. callus removal by the use of callus removal products, sanding, buffing, or filing;

E. massaging the hands, feet, and lower arms and legs in conjunction with any practice described in items A to F; and

F. other services for the cosmetic care of the hands, feet, and nails.

Subp. 4. Eyelash technology.

The practice of eyelash technicians is limited to the application, removal, and trimming of threadlike natural or synthetic fibers to an eyelash, and includes the cleansing of the eye area and lashes. Eyelash extensions do not include color agents, straightening agents, permanent wave solutions, bleaching agents, applications to the eyebrow, or any other cosmetology service.

Subp. 5. Advanced practice esthetic services.

The practice of advanced practice (AP) esthetics is the cosmetic treatment of the epidermal layer of the skin. AP esthetics includes esthetic services in subpart 2 and:

A. advanced exfoliation as defined in part 2105.0010 including dermaplaning, microdermabrasion, chemical or enzyme exfoliation, and other exfoliation methods that exceed the stratum corneum;

B. advanced skin care treatments using electrical energy treatments including light therapy, galvanic current, microcurrent, high frequency, radio frequency, and sound waves; lymphatic drainage; and advanced extractions. Laser, as identified in Minnesota Statutes, section 147.081, subdivision 3, as the practice of medicine is not an advanced practice esthetic service;

C. skin needling; and

D. other cosmetic personal services on the epidermal layer of the skin.

History

Statutory Authority: MS s 14.389; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81; L 2017 1Sp4 art 2 s 64
History: 41 SR 305; 42 SR 589; 43 SR 347; 44 SR 941

Minn. R. 2105.0110 Advertising

The following provisions govern all advertising relating to the practice of cosmetology:

A. It is a violation of this chapter to advertise or offer any board-regulated services from an unlicensed salon or an unlicensed practitioner.

B. Any salon advertisement must list the licensed name of the salon as shown on the salon license. Franchise and corporations using a common brand name in advertisements related to multiple locations may use the common brand name instead of the full assumed name listed on the salon license. Salons that reference staff names in any advertisement must list at least the first name of the licensee as shown on the individual's license.

C. An individual practitioner advertising the practitioner's licensed services must list either the full name as shown on the individual's license or the name of the salon as shown on the salon license.

D. A practitioner leasing space in a licensed salon may advertise under a business name if the full name of the practitioner as shown on the practitioner's license is listed. If the practitioner's full name is not listed, wherever the business name appears, it must be immediately followed by "at (insert legible name of salon as it appears on the salon license)."

E. Only currently licensed practitioners may identify themselves as a "cosmetologist," "esthetician," "aesthetician," "advanced practice esthetician," "advanced practice aesthetician," "nail technician," and "eyelash or lash technician." It is a violation of this chapter to qualify any board license title with another term, including the use of terms such as "medical," "certified," "master," and other qualifying terms.

History

Statutory Authority: MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81
History: L 1983 c 289 s 114 subd 1; L 1984 c 655 art 1 s 92; 10 SR 474; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305; 43 SR 347; 44 SR 941

Minn. R. 2105.0115 Inspections

Subpart 1. Protocol.

Each salon and each permit holder under part 2105.0410 is subject to inspection at any time the board deems it necessary to affirm compliance.

A. All licensees, including salons open by appointment only and salons with irregular hours, must allow a board inspector, in the exercise of official duties, to inspect the salon on the inspector's arrival at the salon.

B. A salon owner and designated licensed salon manager (DLSM) must cooperate if asked by board inspectors to arrange inspection appointments.

C. A salon owner and DLSM must have access to all salon space, including leased space within the salon, and must provide access to all salon spaces to a board inspector.

D. All salon staff, including the owner, DLSM, other licensees, and unlicensed support staff, must cooperate with the inspection.

E. Board inspectors must carry board-issued photo identification and produce it upon request.

Subp. 2. Violations and orders to comply.

A. The board must notify salons and permit holders under part 2105.0410 with a written inspection report when any violation is found during a board inspection. The salon licensee and DLSM, or the permit holder under part 2105.0410, must take immediate action to address each violation and, within ten business days, bring the salon and all licensees practicing under the salon license, or the permit holder, into compliance with this chapter, chapter 2140, and Minnesota Statutes, chapter 155A.

B. If an order to comply is issued by the board inspector, the salon and DLSM, or the permit holder under part 2105.0410, must report to the board via mail or email, within ten business days of the order's issuance, using a form provided by the board. The report must:

Subp. 3. Posting inspection results.

The board must provide each salon with a detailed inspection report on the inspection findings. Within ten business days of the issuance date on the results and report, the salon must conspicuously post the inspection report so that it is visible at all times in the reception area or at each customer entrance. The inspection report must remain posted until replaced by a new inspection report. The complete, unaltered inspection report must be legibly printed on standard 8-1/2 x 11 inch paper. Permit holders under part 2105.0410 are not subject to the posting requirements in this subpart.

Subp. 4. Inspection penalties and discipline.

A. Violations of this chapter, chapter 2110, and Minnesota Statutes, chapter 155A, cited on a board inspection, are subject to:

B. Board staff must issue penalties prescribed in Minnesota Statutes, section 155A.25, for violations in subitems (1) to (4) cited during a board inspection of a salon or permit holder except as provided for in subpart 5. Licensees must pay penalties in full before any license is renewed or issued.

Subp. 5. Application of inspection penalties.

The maximum total penalties for all violations cited per license per inspection must not exceed:

A. $3,000 for each salon license;

B. $2,000 for the DLSM per salon license; and

C. $1,000 for each individual practitioner per license or permit.

History

Statutory Authority: MS s 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81
History: 41 SR 305; 43 SR 347; 44 SR 941

Minn. R. 2105.0120 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2105.0130 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2105.0140 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2105.0145 Applicants for Individual Licenses

Subpart 1. Cosmetologists, nail technicians, estheticians, and eyelash technicians.

Applicants for a cosmetologist, nail technician, esthetician, or eyelash technician license who have not been licensed in other states must be at least 17 years old and must provide the items required in items A to D:

A. a completed application form;

B. original passing test results no more than one year old of the following board-approved tests for the license sought:

C. proof of completion of training as follows:

D. payment of the fees required by Minnesota Statutes, section 155A.25.

Subp. 1a. Advanced practice estheticians.

An AP esthetician license supersedes an esthetician license.

A. An applicant for an AP esthetician license who holds an active esthetician or cosmetologist license must provide the following:

B. An applicant for an AP esthetician license who completed training in Minnesota for both an esthetician or cosmetologist license and an AP esthetician license but does not hold an active esthetician or cosmetologist license must be at least 17 years old and must provide the following:

C. An applicant with an AP esthetician license or master esthetician license from another state must apply under part 2105.0183, subpart 4.

Subp. 2. Salon managers.

A. An applicant who holds an active Minnesota operator license and wishes to advance to a salon manager license must:

B. An applicant who does not hold an operator license and wishes to apply for a salon manager license may apply for the operator and salon manager license at the same time without first paying for the operator license. An applicant must:

C. An applicant who holds an active salon manager license and is applying for a practitioner license in another field may apply for a salon manager license in the new field without first obtaining or paying for an operator license in the new field. An applicant must:

D. An applicant who holds an active salon manager license in one field and an active operator license in another field may advance the operator license to a salon manager license without meeting the testing requirements in item A. An applicant must:

Subp. 3. School managers.

An applicant for a school manager license must:

A. submit a completed application form;

B. hold an active Minnesota cosmetology salon manager license;

C. submit original passing results no more than one year old of the school manager test covering Minnesota laws and rules related to schools; and

D. pay the fees identified in Minnesota Statutes, section 155A.25.

Subp. 4. Instructors.

Applicants for an instructor license must meet the requirements in items A to F. Items D and E do not apply to applicants who hold a current Minnesota instructor license and are applying for an instructor license in a new field. An applicant must:

A. submit a completed application form;

B. hold an active Minnesota license as an operator or manager;

C. document at least 2,700 hours of licensed practice in the same licensure field as the instructor license type sought within the three years prior to application;

D. submit the original course completion certificate of a board-approved instructor course on teaching methodology not more than one year old;

E. submit original passing instructor test results not more than one year old for the instructor general theory, practical, and laws and rules tests; and

F. pay the fees required in Minnesota Statutes, section 155A.25.

Subp. 5. Additional licenses.

A. A cosmetologist with an active Minnesota license is not required to obtain a separate esthetician, nail technician, or eyelash technician license but may do so by completing an application form and paying the fees required by Minnesota Statutes, section 155A.25.

B. An esthetician or an advanced practice esthetician with an active Minnesota license is not required to obtain a separate eyelash technician license but may do so by completing an application form and paying the fees required by Minnesota Statutes, section 155A.25.

C. An applicant who holds an active Minnesota practitioner license in one field and is applying for a practitioner license in another field is not required to retake the test on Minnesota laws and rules. All other application requirements in this part must be met.

History

Statutory Authority: MS s 14.389; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81; L 2016 c 127 s 8; L 2017 1Sp4 art 2 s 64
History: 41 SR 305; L 2017 1Sp5 art 10 s 7; 42 SR 589; 43 SR 347; 44 SR 941; 49 SR 77

Minn. R. 2105.0150 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2105.0155 [Repealed, 44 SR 941]

[Repealed, 44 SR 941]

Minn. R. 2105.0160 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2105.0180 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2105.0182 [Repealed, 44 SR 941]

[Repealed, 44 SR 941]

Minn. R. 2105.0183 Transfer of Licenses from Other States or Countries

Subpart 1. Applicants with required training who are licensed in another state.

Applicants for a cosmetologist, esthetician, nail technician, or eyelash technician operator license who have completed or exceeded the required number of hours of training: 1,550 hours for a cosmetologist; 600 hours for an esthetician; 350 hours for a nail technician; and 14 hours for an eyelash technician and are licensed in another state must be at least 17 years of age and must provide the following:

A. a completed application form;

B. certification of licensure no more than 90 days old sent to the board directly from each state where the applicant has been licensed. A license certification must verify the current status and history of licensure, discipline history, hours of training, and whether or not the licensee has passed a general theory and practical test. If a state does not issue certification of licensure, the applicant must submit a copy of the most recent license and a completed supplemental verification form;

C. if the out-of-state license is not active, an original board-approved skills course certificate no more than one year old;

D. original passing test results no more than one year old of a board-approved general theory test. If a certification of licensure from a state in which the applicant has been licensed attests that the applicant has passed such a test, this requirement is met and the general theory does not have to be retaken;

E. original passing test results no more than one year old of a board-approved written practical test. If a certification of licensure from a state in which the applicant has been licensed attests that the applicant has passed such a test, this requirement is met and the written practical test does not have to be retaken;

F. original passing test results of the Minnesota state laws and rules test no more than one year old; and

G. payment of the fees required by Minnesota Statutes, section 155A.25.

Subp. 2. Applicants with less than the required training who are licensed in another state.

Applicants for a cosmetologist, esthetician, nail technician, or eyelash technician operator license who have not completed the required number of hours of training: 1,550 hours for a cosmetologist; 600 hours for an esthetician; 350 hours for a nail technician; and 14 hours for an eyelash technician, and who are licensed in another state must be at least 17 years old and must provide the following:

A. a completed application form;

B. evidence of an active license for at least three years in another state, or an original course completion certificate from a Minnesota-licensed cosmetology school no more than one year old with notarized signatures of the school manager or owner documenting the completion as a transfer student under part 2110.0705 of additional training hours and the practical skills test;

C. certification of licensure no more than 90 days old sent directly to the board from each state where the applicant has been licensed. The license certification must verify the current status and history of licensure, discipline history, hours of training, and whether or not the licensee has passed a general theory and practical test. If a state does not issue license certifications, the applicant must submit a copy of the most recent license and a completed supplemental verification form;

D. if the out-of-state license is not active, the applicant must provide an original board-approved skills course certificate no more than one year old;

E. original passing test results no more than one year old of a board-approved general theory test. If a certification of licensure from a state in which the applicant has been licensed attests that the applicant has passed such a test, this requirement is met and the general theory test does not have to be retaken;

F. original passing test results no more than one year old of a board-approved written practical test. If a certification of licensure from a state in which the applicant has been licensed attests that the applicant has passed such a test, this requirement is met and the written practical test does not have to be retaken;

G. original passing test results no more than one year old of the Minnesota state laws and rules test; and

H. payment of the fees required by Minnesota Statutes, section 155A.25.

Subp. 3. Applicants with training and experience in another country who have not been licensed in another state.

Applicants for a cosmetologist, esthetician, nail technician, or eyelash technician operator license whose training was outside the United States and have not been licensed by another state must be at least 17 years old and must:

A. apply to a board-licensed school as a transfer student for an evaluation of training, school records, and work experience under part 2110.0705, rectify any deficiencies noted in the evaluation results, and provide the original course completion certificate; and

B. complete an application and submit the following items:

Subp. 4. Applicants with an instructor license from another state.

Applicants who hold an active instructor license issued from another state may apply for an instructor license. Applicants must provide the following:

A. a completed application form;

B. an active Minnesota operator or salon manager license;

C. documentation of at least 2,700 hours of licensed practice as an operator, salon manager, or instructor within the three years prior to the application;

D. certification of licensure no more than 90 days old sent to the board directly from each state where the applicant has held an instructor license. An instructor license certification must verify the current status and history of license, discipline history, hours of training, and whether or not the instructor has passed an instructor general theory test and an instructor practical test. If a state does not issue certification of licensure, the applicant must submit a copy of the most recent license and a completed supplemental verification form;

E. an original course completion certificate of a board-approved instructor course not more than one year old. If a certification of licensure from a state where the applicant holds an active instructor license attests that the applicant successfully completed comparable instructor training, this requirement is met and the instructor course does not have to be retaken;

F. original passing test results no more than one year old of a board-approved instructor general theory test. If a certification of licensure from a state where the applicant holds an active instructor license attests that the applicant passed a comparable instructor theory test, this requirement is met and the instructor theory test does not have to be retaken;

G. original passing test results no more than one year old of a board-approved instructor practical test. If a certification of licensure from a state where the applicant holds an active instructor license attests that the applicant has passed such a test, this requirement is met and the instructor practical test does not have to be retaken;

H. original passing test results of the Minnesota instructor laws and rules test no more than one year old; and

I. payment of the fees required by Minnesota Statutes, section 155A.25.

Subp. 4a. Applicants with an advanced practice or master esthetician training or license from another state or country.

An applicant for an advanced practice esthetician operator license whose training or licensure is from another state or country must be at least 17 years old and must:

A. apply to a board-licensed school as a transfer student for an evaluation of applicable esthetician and advanced practice (AP) esthetician training, school records, and work experience under part 2110.0705; rectify any deficiencies noted in the evaluation results; and provide the original esthetician course completion certificate and the original AP esthetician course completion certificate; and

B. complete an application and submit the following items:

Subp. 5. Foreign documents.

All foreign documents from another country, including records in English, must be evaluated by a board-approved credentialing agency at the applicant's expense.

History

Statutory Authority: MS s 14.389; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81; L 2016 c 127 s 8; L 2017 1Sp4 art 2 s 64
History: 41 SR 305; L 2017 1Sp5 art 10 s 7; 42 SR 589; 43 SR 347; 44 SR 941; 49 SR 77

Minn. R. 2105.0184 Military Temporary License

Subpart 1. Application and issuance.

In compliance with Minnesota Statutes, section 197.4552, the board shall issue military temporary (MT) licenses for cosmetologists, estheticians, advanced practice estheticians, nail technicians, eyelash technicians, salon managers, instructors, and school managers valid for a 12-month license cycle. An applicant for an MT license must submit:

A. a completed application for an MT license;

B. credentials establishing the applicant's identity as:

C. a copy of an active valid license without a history of discipline for a cosmetologist, esthetician, advanced practice esthetician, nail technician, eyelash technician, salon manager, school manager, or instructor from another state; and

D. payment of the fees required by Minnesota Statutes, section 155A.25.

Subp. 2. Ineligible for renewal.

MT licenses are not eligible for renewal. Individuals issued an MT license must apply for a full practitioner's license under this chapter. If the individual has not been issued a regular license before the MT license expires, the individual must cease practicing until a license is issued.

History

Statutory Authority: MS s 14.389; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81; L 2017 1Sp4 art 2 s 64
History: 41 SR 305; 42 SR 589; 43 SR 347

Minn. R. 2105.0185 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2105.0186 Continuing Education (ce) Providers

Subpart 1. Providers of core CE courses for practitioners.

A. A core CE course required by Minnesota Statutes, section 155A.271, subdivision 1, consists of a four-hour course, including one hour on state cosmetology laws and rules, and three hours on health, safety, and infection control.

B. A core CE course requires board approval, and must be offered only by a board-licensed cosmetology school, postsecondary school licensed by the Office of Higher Education under Minnesota Statutes, section 136A.103, paragraph (a), or a professional association recognized by the board under item C.

C. A professional association must apply for board recognition to offer core CE courses in writing on forms supplied by the board. Board recognition is valid for a maximum of one calendar year and expires on December 31 of the year authorization was granted.

D. A cosmetology school, a postsecondary school, or a board-authorized professional association must apply for approval of the core CE curriculum on a form supplied by the board, and submit the lesson plan and learning objectives, qualifications of the presenters and course developers, and payment of the fees required by Minnesota Statutes, section 155A.25, if the provider approval fee has not been paid in the current calendar year.

E. Board approval of a core CE course under this subpart is valid for a maximum of one calendar year and expires on December 31 of the year approval was granted.

F. The board shall maintain a list of approved core CE courses on the board's website.

Subp. 2. Providers of professional practice CE courses for practitioners.

A. A professional practice CE course as required by Minnesota Statutes, section 155A.271, subdivision 1, paragraph (b), must consist of a four-hour course based on any or all of the following within the licensee's scope of practice:

B. A professional practice CE course requires board approval and may be offered only by licensed salons, licensed cosmetology schools, and board-recognized professional associations.

C. Board approval of a professional practice CE course is valid for a maximum of one calendar year and expires on December 31 of the year approval was granted.

D. The board shall maintain a list of approved professional practice CE courses on the board's website.

Subp. 3. Providers of instructor CE courses.

Instructor license renewal requires 30 CE hours of board-approved courses on teaching methodology and 15 CE hours on clinical practice in the instructor's licensed field.

A. Cosmetology schools, postsecondary schools, professional associations, subject matter experts, or salons may offer instructor CEs in person or as online classes.

B. A course provider under item A must apply for course approval for each CE course on a form supplied by the board, and submit the lesson plan or syllabus, course objectives, qualifications of the presenters and course developers, and payment of the fees required by Minnesota Statutes, section 155A.25, if the provider has not paid the provider approval fee in the current calendar year.

C. Board approval of an instructor CE course is valid for one calendar year and expires on December 31 of the year approval was granted.

D. The board shall maintain a list of approved instructor CE courses on the board's website.

E. Courses on teaching methodology or clinical practice provided by a Minnesota State Colleges and Universities (MnSCU) community college, state university, or technical college, or any postsecondary school licensed by the Office of Higher Education, are not subject to preapproval by the board. This provision does not apply to board-licensed cosmetology schools. All board-licensed cosmetology schools are subject to the provisions of items A to C.

Subp. 4. Providers of school manager CE courses.

A school manager license renewal requires four hours of CE courses or seminars on business practices or school management. Providers of school manager CE courses are not subject to board approval or the requirements of subpart 6. No approval fee is required.

Subp. 5. CE course hours.

For the purposes of this part, a CE credit hour must consist of 55 minutes of continuous instructional activity, excluding breaks, registration, meals, and other noneducational activity. The number of credit hours assigned to an online course must be computed by the course developer based on the average time to complete the course. The board must accept or approve CE courses in full-hour increments.

Subp. 6. Records requirements for CE course providers.

A course provider must retain records of each attendee, including the attendee's full name and license number, the date of the course, the course title or course number, and the instructor's name for five years. Course providers must respond within 15 business days of the board's request for verification of whether an individual attended and completed a CE course. This subpart does not apply to CE courses offered by MnSCU, the University of Minnesota, or any postsecondary school licensed by the Office of Higher Education and not licensed by the board.

Subp. 7. Audit provisions for CE courses and providers.

The board is authorized to audit a CE course at any time. A course provider must allow board staff to attend a CE course at any time and without cost for the purposes of auditing the course. Board approval of a CE course and board authorization of a provider is subject to revocation if a provider is not in compliance with this part or Minnesota Statutes, section 155A.271, or if the board determines a CE class offered by the provider does not reflect current professional standards or practices, or if the board finds just cause. The disciplinary provisions of Minnesota Statutes, section 155A.33, apply. This subpart does not apply to CE courses offered by MnSCU, the University of Minnesota, or any postsecondary school licensed by the Office of Higher Education and not licensed by the board.

History

Statutory Authority: MS s 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 41 SR 305

Minn. R. 2105.0187 Skills Courses

A. A cosmetologist skills course, esthetician skills course, advanced practice esthetician skills course, nail technician skills course, or eyelash technician skills course must be offered in person and taught by an instructor licensed in the course subject.

B. Only a licensed school with current approval to offer a licensure course may offer a skills course in the same licensure field.

C. Each skills course must begin with an initial board-approved skills test. The school must use board-approved scoring of the skills test and a board skills test form.

D. Each licensee or applicant must attend a skills course specific to the licensure field held or sought by the licensee or applicant.

E. Schools must provide attendees with a skills course certificate showing successful completion of the skills test, and must retain records of attendees for five years.

F. The board is authorized to audit a skills course and skills test at any time, and board staff or a representative may take a skills class at any time at no cost for the purposes of auditing the course. Board approval of a skills course is subject to revocation if the board determines a skills course or skills test does not reflect current professional standards or practices, or if the board finds just cause. The disciplinary provisions of Minnesota Statutes, section 155A.33, apply.

History

Statutory Authority: MS s 14.389; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81; L 2017 1Sp4 art 2 s 64
History: 41 SR 305; 42 SR 589; 43 SR 347; 44 SR 941

Minn. R. 2105.0190 Maintaining Individual Licenses

Subpart 1. Compliance with applicable law.

The licensee is responsible for verifying that the salon or school in which the licensee is practicing has an active license, and the licensee must continuously comply with all applicable provisions of Minnesota statutes and rules.

Subp. 1a. New services or devices.

Before providing any service using a product, technique, device, or equipment new to the licensee, the licensee must:

A. ensure that the use of the product, device, or technique is within the licensee's scope of practice as defined in part 2105.0105;

B. review and comply with any manufacturer's directions for use, safety requirements, and contraindications;

C. maintain a record of any training received by the licensee on the product, technique, or device, for as long as the licensee is using the product, technique, or device; and

D. attest that the licensee has the knowledge and training necessary to safely provide the service using the new product, technique, or device.

Subp. 2. Change of name.

Within 30 days of any legal name change, licensees must provide legal documentation of the name change and pay any fee required by Minnesota Statutes, section 155A.25. The license in the former name is invalid on the 31st day of the new legal name.

Subp. 2a. Address change.

The licensee must maintain a current mail address on file with the board, and must update the address within 30 days of any address change. Licensees may also provide an email address to receive general email notifications from the board.

Subp. 3. Renewal.

The licensee must renew the license as required by part 2105.0200.

Subp. 4. Display of license.

The practitioner must conspicuously post an original, unaltered, and current license at each salon where the practitioner practices. The conditions in items A to D must be met at all times.

A. Either the license or the full name of the licensee as shown on the license must be posted at each workstation in the salon used by the licensee. Name tags worn by the licensee or business cards prominently displayed at a workstation meet this requirement if the full name shown on the license is used.

B. Whenever the license is not posted at the workstation, the practitioner must post a license at the reception area or at each customer entrance of the salon.

C. Copies of licenses do not meet the requirements of license posting. Licensees must obtain duplicate licenses from the board in order to post licenses at multiple workstations or multiple salons. After a license is issued by the board, a printout of the online license status from the board website showing an active license may be used to meet the posting requirements for a maximum of 30 days beginning on the license issuance date.

D. Licenses and names posted must provide the public with a full, unobstructed view of the unaltered license or name.

Subp. 5.

[Repealed, 41 SR 305]

History

Statutory Authority: MS s 14.388; 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81
History: 10 SR 474; 11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 38 SR 778; 41 SR 305; 43 SR 347; 44 SR 941

Minn. R. 2105.0200 License Renewal for Individuals

Subpart 1. Application for renewal of license.

All licenses expire on the last day of the individual's birth month of the year due and each licensee is responsible for applying to renew the license without notice from the board. If more than three years have passed since the expiration date of the license, the license is not eligible for renewal under this section, and the requirements of part 2105.0215 apply.

A. The board must return incomplete renewal applications to the applicant with notice of the items that are incomplete.

B. The applicant must pay late fees required by Minnesota Statutes, section 155A.25, if a license renewal application or a resubmitted application is received after the expiration date of the license.

C. A licensee whose renewed license has not been issued by the board by the end of the business day on the licensee's expiration date is not authorized to practice after the expiration date until a license is issued, and any unlicensed practice after the expiration date is subject to the inspection penalties in part 2105.0115 and disciplinary provisions as described in Minnesota Statutes, section 155A.33.

Subp. 2. Continuing education (CE) requirements for practitioners.

The licensee must complete the following continuing education (CE) requirements before applying to renew a license:

A. A cosmetologist, nail technician, esthetician, advanced practice esthetician, or salon manager renewing a license must complete a total of eight hours of CE credits from board-approved providers within the three years prior to the date of the license renewal. Licensees must maintain proof of completion of the CE credits as required in subpart 5. The eight hours must consist of:

B. An eyelash technician renewing a license must complete a total of four hours of core CE credits consisting of one hour of state cosmetology laws and rules and three hours of health, safety, and infection-control matters from board-approved providers within the three years prior to the date of the license renewal. Licensees must maintain proof of completion of the CE credits as required in subpart 5.

C. The CE credits are valid for only one license renewal period, but may be applied to multiple licenses held by the same practitioner if the CEs were completed within three years prior to the license renewal date.

Subp. 2a. CE and other renewal requirements for instructors.

A. An instructor must complete 45 hours of board-approved CEs within three years before the license renewal, including at least 30 hours in teaching methodology and 15 hours on clinical practice in the field of licensure. Licensees must retain proof of the CE credits as required in subpart 5.

B. In addition to any board-approved instructor CE course, an instructor may use qualifying credits from completed classes on teaching methods or clinical practice from the MnSCU system schools, the University of Minnesota, or other postsecondary schools licensed by the Office of Higher Education but not licensed by the board. Preapproval of such courses is not required. The instructor must retain an official transcript and the class syllabus or catalog course description, which must establish the class hours and establish that the content of the course is based on teaching methodology or clinical practice. Postsecondary courses are equivalent to 16 CE hours per credit and lab courses are equivalent to 32 CE hours per credit. CEUs earned are accepted as one CE hour per CEU credit.

C. Instructors teaching approved instructor CE courses may apply CE hours from the courses to the instructor's license renewal if the CE hours are claimed only once per course, and are not used again on future renewals.

D. Instructors teaching approved core and professional practice CEs may apply the CE hours from the courses on the instructor's operator or salon manager license renewal if the CE hours are claimed only once per course, and are not used again on future renewals.

E. The instructor may apply a maximum of 15 CE hours from instructor CE classes taught by the instructor each renewal period.

F. Instructor CEs are valid for only one license renewal.

G. To renew an instructor's license, the instructor must hold an active operator or salon manager license in the area in which the instructor holds an instructor's license.

H. When a course has been approved by the board as both a professional practice CE course and as an instructor clinical practice CE course, licensees may apply the CEs earned from the course to the renewal of both the instructor license and the practitioner license.

Subp. 2b. CE and other renewal requirements for school managers.

A. A school manager renewing a license must complete a CE class or seminar in business practices of at least four hours, no more than three years prior to the renewal application, and retain proof of completion as required in subpart 5.

B. To renew the school manager's license, a school manager must hold an active cosmetology salon manager's license.

C. School manager CEs are valid for only one license renewal.

D. A school manager may apply four CEs from an approved professional practice CE course on business management to the renewal of both the underlying salon manager license and the school manager license.

Subp. 3. Fee.

The licensee must pay the fees as required by Minnesota Statutes, section 155A.25.

Subp. 4.

[Repealed, 41 SR 305]

Subp. 5. Audit of renewal.

A. Fraudulent reporting of qualifications or CE credits is subject to penalties and discipline, including revocation of the license, as provided in Minnesota Statutes, sections 155A.271 and 155A.33.

B. A licensee must maintain proof of CE credits for four years after the date of the class. If the renewal is audited by the board, the licensee must provide proof of requested items within 30 days of the board's request.

C. If the renewal is audited by the board, the licensee must provide proof of requested items within 30 days of the board's request. When a licensee fails to respond or does not provide proof as requested in an audit, and the board cannot verify the licensee's CEs through the provider identified by the licensee, the board must rescind the renewal that was based on the unverified credits. The licensee is subject to discipline as identified in item A, and the licensee may not practice until a new license is issued. To renew the license, in addition to any disciplinary requirements and penalties, the licensee must complete and provide verification from the CE providers that the licensee completed the CE requirements.

History

Statutory Authority: MS s 14.388; 14.389; 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81; L 2017 1Sp4 art 2 s 64
History: 10 SR 474; 11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 35 SR 801; L 2013 c 85 art 5 s 49; 38 SR 778; L2015 c 77 art 2 s 87; 41 SR 305; 42 SR 589; 43 SR 347

Minn. R. 2105.0205 Retired License

A licensee with an active or expired Minnesota practitioner license who has ceased all practice of cosmetology may apply for a retired license that does not allow any practice of cosmetology as defined in Minnesota Statutes, section 155A.23, subdivision 3. The board must void any active license when a retired license is issued for the remainder of the license cycle. If the practitioner's license is expired, the applicant must pay the renewal and late fees required by Minnesota Statutes, section 155A.25.

A. Retired licenses expire on the three-year license cycle and may be renewed by paying the fees required by Minnesota Statutes, section 155A.25.

B. A person with a retired license who wishes to obtain an active practitioner license must apply to renew the original expired practitioner license under the terms of this chapter as if no retired license was issued. If the retired license has not expired, no new renewal fee is required.

History

Statutory Authority: MS s 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81
History: 41 SR 305; 43 SR 347; 44 SR 941

Minn. R. 2105.0210 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2105.0215 Procedure for Renewing an Expired License

Subpart 1. Practitioner licenses expired less than three years.

If an operator's, salon manager's, instructor's, or school manager's license has been expired for less than three years, a new license cycle will be issued upon renewal of the license. To renew the license, the individual must:

A. comply with the requirements of part 2105.0200 for the appropriate license; and

B. pay the renewal and late fees required by Minnesota Statutes, section 155A.25.

Subp. 2. Operator and salon manager licenses expired three years or more.

If an operator's or salon manager's license has been expired three years or more, a license with a new license cycle shall be issued by the board when the expired licensee submits a renewal application and submit:

A. original passing test results no more than one year old of the laws and rules test for an operator. Managers must submit original passing test results no more than one year old of the manager laws and rules test;

B. original passing test results no more than one year old of a board-approved written practical exam; and

C. payment of the initial license fees required by Minnesota Statutes, section 155A.25.

Subp. 3. Instructor licenses expired three years or more.

If an instructor's license has been expired three years or more, the board shall issue a license with a new license cycle when the expired licensee submits a renewal application and meets these requirements:

A. holds an active operator's or salon manager's license;

B. submits original passing test results of a board-approved instructor general theory test, instructor practical test, and instructor laws and rules test no more than one year old; and

C. pays the instructor application fees required by Minnesota Statutes, section 155A.25.

Subp. 4. School manager licenses expired three years or more.

If a school manager's license has been expired three years or more, a license with a new license cycle shall be issued by the board when the expired licensee submits a renewal application and:

A. holds an active cosmetology salon manager's license;

B. submits original passing test results no more than one year old of the school manager test; and

C. pays the initial license fees required by Minnesota Statutes, section 155A.25.

History

Statutory Authority: MS s 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81
History: 41 SR 305; 43 SR 347; 44 SR 941

Minn. R. 2105.0220 Reinstatement After Revocation or Suspension

A. A licensee whose license was suspended or revoked by the board under Minnesota Statutes, chapter 155A, must reapply for licensure as follows:

B. Licensees whose license was suspended or revoked under a Minnesota Statute other than chapter 155A, for reasons of child support, tax liabilities, or other law must be cleared by the state or county agency that initiated the license action. The agency initiating the suspension or revocation must notify the board in writing of any action clearing the license. If the license cycle expired during the suspension or revocation, the licensee must meet the requirements for renewing a license under this chapter as if the license had not been revoked or suspended but had expired at the end of the license cycle.

History

Statutory Authority: MS s 14.388; 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 10 SR 474; 11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 38 SR 778; 41 SR 305

Minn. R. 2105.0225 Outstanding Fees or Penalties

When an applicant or licensee has outstanding penalties for any violation of this chapter or chapter 2110 or Minnesota Statutes, chapter 155A, and has exhausted all rights of appeal, the board must not issue or renew a license or permit. When a licensee or applicant has entered into an approved payment plan with the board for outstanding fines or penalties, the applicant or licensee must be current with payments before the board can issue or renew any license or permit.

History

Statutory Authority: MS s 155A.26; 155A.27; 155A.29; 155A.30
History: 44 SR 941

Minn. R. 2105.0230 Transfer of License Prohibited

Licenses are not transferable to another person and must be used only by the named licensee.

History

Statutory Authority: MS s 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305

Minn. R. 2105.0300 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2105.0305 Designated Licensed Salon Manager

A. The salon owner must appoint a designated licensed salon manager (DLSM) and register the DLSM with the board using forms supplied by the board.

B. A DLSM must acknowledge the responsibility of the position on forms provided by the board, and is responsible for salon and practitioner compliance as noted in part 2105.0390.

C. A DLSM must not be responsible for more than one salon unless the salons are not open concurrently and the salons or DLSM attest in writing to the board of the business hours of each salon.

D. A DLSM who is no longer serving as the DLSM must notify the board in writing via email or mail of the resignation as DLSM. The effective date of the resignation is the date the resignation notice is received by the board or the date the DLSM change form is received by the board, whichever date is earliest. The DLSM is liable under Minnesota Statutes, section 155A.33, for the compliance of the salon and licensees in the absence of any written notice of the change to the board, regardless of the status of the DLSM's license.

E. The DLSM is not required to be present at all times during the salon's operation but remains responsible for compliance under this chapter and Minnesota Statutes, chapter 155A, even when away from the salon.

F. A DLSM must not concurrently serve as a designated school manager unless serving as a DLSM in a one-person salon that is never open during school class and school clinic hours.

History

Statutory Authority: MS s 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 41 SR 305; 44 SR 941

Minn. R. 2105.0310 Salon Licensure Application

Subpart 1. All salon licenses.

The requirements of this part and parts 2105.0360 and 2105.0370 must be met by all applicants proposing to establish a salon. A salon license is required for each physical location. A licensed salon business may not share any physical space with another licensed salon business except for restrooms, and may not be located inside the perimeter of another licensed salon.

Subp. 1a.

[Repealed, 42 SR 589]

Subp. 2. Application.

An applicant for a salon license must apply on forms supplied by the board, giving the following information:

A. the salon name and the legal name of the salon and its owners; the physical address and, if the post office refuses to deliver mail to the salon, an alternate mailing address; telephone number; and email address;

B. the names, postal addresses, email addresses, and telephone numbers of all owners of sole proprietorships or partnerships and controlling officers of corporations;

C. notarized signatures of the owners of sole proprietorships or notarized signatures of partners in general partnerships and limited liability partnerships, and the controlling officers of corporations or authorized signatory of corporations attesting to the truth and accuracy of the application for licensure;

D. an active Certificate of Assumed Name from the secretary of state if the salon is doing business under a name different than the full legal name of the salon owner;

E. an active Certificate of Organization from the secretary of state, except for sole proprietorships and general partnerships;

F. a Social Security number for a sole proprietor, and a state tax identification number for all other businesses;

G. current Certificate of Insurance of professional liability insurance as required by Minnesota Statutes, section 155A.29, subdivision 2;

H. current Certificate of Workers' Compensation Insurance, unless the salon is not required to provide insurance coverage under the Minnesota Workers' Compensation Act, Minnesota Statutes, chapter 176;

I. a statement attesting to the salon's compliance with applicable building codes, the Minnesota State Fire Code, and applicable OSHA requirements;

J. a legible floor plan of the salon, drawn to scale, providing the dimensions of the salon as a whole and designating the size and location of all entrances and exits, and indicating the location and dimensions of all required areas, facilities, and equipment required in part 2105.0360; and

K. the name, license number, and notarized signature of the DLSM accepting the responsibilities of the DLSM. The DLSM must meet the requirements of part 2105.0305.

History

Statutory Authority: MS s 14.388; 14.389; 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81; L 2017 1Sp4 art 2 s 64
History: 10 SR 474; 11 SR 389; 13 SR 1056; L 1993 c 204 s 28; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 38 SR 778; 41 SR 305; 42 SR 589; 43 SR 347

Minn. R. 2105.0320 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2105.0322 Maintaining Salon License

Subpart 1. Scope.

The requirements in this part apply to all salon licensees.

Subp. 2. Unlicensed persons.

Salons must not employ or allow unlicensed persons to perform any board-regulated service in a salon, or allow an unlicensed person to provide regulated services without compensation.

Subp. 3. Compliance.

The licensee must comply with all applicable provisions of Minnesota Statutes and Rules.

Subp. 4. Maintain insurance.

A. The salon must maintain any required workers' compensation insurance as required by Minnesota Statutes, section 155A.29, subdivision 2, for the salon and salon employees.

B. The salon must maintain professional liability insurance as required by Minnesota Statutes, section 155A.29, subdivision 2, for the salon and salon employees, and must ensure that each practitioner leasing space in the salon continuously maintains professional liability insurance or is covered by the salon's professional liability policy.

C. The salon must maintain proof of current professional liability insurance on the salon premises for the salon and all licensees practicing under the salon license.

Subp. 5. Salon premises.

Regulated cosmetic services must not be provided in a place other than a licensed salon or licensed school, or as otherwise provided by this chapter.

Subp. 5a. Remodel of physical premises.

A salon that is remodeling or adding additional contiguous space to the current licensed salon is not required to report such changes to the board, but must ensure that any changes made are in compliance with this chapter and with applicable building codes and permit processes.

Subp. 6. Change of location.

A salon license must not be transferred when the salon moves to a new location. The salon must apply for a new salon license and has 60 days after a move to become licensed according to part 2105.0310. If a new license has not been issued by day 61, the salon must cease operations until a license is issued. A mobile salon moving to a new vehicle or new mobile structure must not begin operating in the new vehicle or new mobile structure until the new mobile salon has been issued a license.

Subp. 7. Change of name.

This part applies only to salon name changes and does not apply to changes of ownership. The board must reissue the salon license in the new name under the same license cycle after the salon owner has met the requirements of this subpart. Within 60 days of the name change, the salon owner must:

A. submit a salon name change form to the board;

B. provide legal documentation of the name change and any other documents the business is required to file with the secretary of state under state law because of the name change;

C. provide a certificate of insurance showing the salon's new name for professional liability insurance;

D. provide a certificate of insurance in the new salon name for workers' compensation insurance if applicable; and

E. pay the fees required in Minnesota Statutes, section 155A.25.

Subp. 8. Change of owner.

A salon license must not be transferred when the salon is sold, or when a corporation owning a salon is sold. If the salon license has not expired, the new owner has 60 days after the date of the change of ownership to become licensed according to part 2105.0310. If a new license has not been issued by day 61, the salon must cease operations until a license is issued. If the salon license is expired at the time of the change of ownership, the new owner may not operate the salon until the salon is licensed.

Subp. 9. Change of business structure.

A salon license must not be transferred when the business structure of the owner is changed. The salon must apply for a new salon license and has 60 days after the change of business structure to become licensed according to part 2105.0310. If a new license has not been issued by day 61, the salon must cease operations until a license is issued.

Subp. 10. Change of DLSM.

The salon owner must inform the board in writing within ten business days of the departure or resignation of the DLSM. The salon has 60 days from the date of the change to register with the board a new DLSM meeting the requirements of part 2105.0305.

History

Statutory Authority: MS s 14.389; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81; L 2017 1Sp4 art 2 s 64
History: 41 SR 305; 41 SR 1087; 42 SR 589; 43 SR 347; 44 SR 941

Minn. R. 2105.0330 Salon License Renewal

Subpart 1. Requirements.

The requirements of subparts 3 to 6 must be met by a salon licensee in order to renew a license.

Subp. 2. Salon license expiration.

All licenses expire on the last day of the month of initial licensure of the year due and the salon owner and designated licensed salon manager (DLSM) are responsible for renewing the salon's license. Not receiving a notice of renewal from the board does not constitute a valid excuse for not renewing the license.

Subp. 3. Fee.

The salon must pay the fees required in Minnesota Statutes, section 155A.25.

Subp. 4. Identity of owner.

The salon must provide the name, current address, and telephone number of the salon owner on the renewal application.

Subp. 5. DLSM.

The salon renewal application must identify the current DLSM by name, license number, and license expiration date.

Subp. 6. Professional liability and workers' compensation insurance.

The salon must verify that professional liability insurance and workers' compensation insurance policies as required under part 2105.0310 are current and active, including liability policies for practitioners leasing space in the salon.

Subp. 7. Failure to renew before salon license expiration date.

A. The board must return incomplete renewal applications to the applicant with notice of the items that are incomplete. Late fees required by Minnesota Statutes, section 155A.25, apply if the resubmitted application is received after the expiration date of the license.

B. When a renewed salon license has not been issued by the expiration date, the salon is considered delinquent and is subject to inspection penalties in part 2105.0120 and disciplinary action in Minnesota Statutes, section 155A.33, and must cease operations and not resume operations until a salon license has been issued.

C. If a completed renewal application is not received by the board within six months of the license expiration date, the salon is not eligible to renew the license. The salon must apply for a new salon license, meeting all current requirements for salon licensure under part 2105.0310. The salon may not operate until a new license has been issued.

D. Late fees in Minnesota Statutes, section 155A.25, apply when a complete renewal application is received after the license expiration date.

History

Statutory Authority: MS s 14.388; 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 10 SR 474; 11 SR 389; 13 SR 1056; L 1993 c 204 s 28; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 35 SR 801; 38 SR 778; 41 SR 305

Minn. R. 2105.0340 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2105.0350 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2105.0360 Salon Physical Requirements

Subpart 1. Display of salon name.

Salons located in commercial spaces must prominently display the licensed name of the salon at the primary entrance. Salons located in a private residence must prominently display the licensed name of the salon at the driveway entrance of the home. When local ordinances or real covenants prohibit the signage, the salon must maintain written confirmation at the salon no more than three years old from the official responsible for enforcing the prohibition in an ordinance or documentation of the covenant prohibiting the signage.

Subp. 1a. Space.

The salon must meet applicable building codes, fire codes, and zoning codes as determined by local zoning and building officials and the state fire marshal.

Subp. 2.

[Repealed, 41 SR 305]

Subp. 3. Walls and ceilings.

All walls, ceilings, ceiling fans, light fixtures, vents, and other fixtures must be kept free from dust and dirt and in good repair at all times.

Subp. 4. Floors.

Carpet is not an acceptable floor covering in work areas where services are provided unless the salon's most recent application for licensure was prior to January 1, 2017.

Subp. 5. Electricity.

The salon's electrical infrastructure must comply with safety standards under Minnesota Statutes, section 326B.35. The salon's use of electrical equipment and appliances must comply with the State Fire Code adopted according to Minnesota Statutes, chapter 299F.

A. Outlets must not have more than two appliances or items plugged into them unless a UL-listed power strip is used.

B. Power strips must have a circuit breaker and be plugged into an outlet and not into another power strip.

C. Extension cords must be plugged into an outlet and not into another cord, and may be used only for portable appliances according to the appliance's directions.

Subp. 5a.

[Repealed, 44 SR 941]

Subp. 6. Designated sinks and disinfecting areas.

A. Each salon must have at least one designated sink for handwashing and cleaning and disinfecting of tools and implements.

B. The designated sink must not be a restroom sink, water fountain, mop sink, or pedicure tub. A shampoo bowl may not be a designated sink unless the salon has only one practitioner.

C. Each designated sink must:

D. At least one designated sink in the salon must be immediately adjacent to a disinfecting area with a workspace sufficient to hold the wet disinfectant containers used to disinfect the tools and implements used in the salon.

E. All licensees practicing in a salon must have continuous access to one or more designated sinks and disinfecting areas within the licensed salon.

F. Each work area where regulated services are provided must have a sink or must be continuously equipped with an alcohol-based hand sanitizer containing a minimum of 60 percent alcohol. The hand sanitizer dispenser must be wall-mounted or visible at all times in the work area.

Subp. 6a. Restrooms.

A. Each salon must have a restroom available in the salon, or in an adjacent common area.

B. Restrooms must have a sink with hot and cold running potable water plumbed in, toilet, liquid or foam soap, single-service paper or cloth towels or a hot air hand dryer, and a clean waste receptacle emptied daily.

C. Any hazardous cleaning agents, chemicals, or substances, and any medications located in the restroom, must be kept in locked cabinets not accessible to the public.

D. Restrooms must be maintained in a clean condition.

Subp. 7. Ventilation.

Salon ventilation must comply with applicable building codes, local ordinances, and state and federal OSHA requirements. If a salon does not have an exhaust system, the heating, ventilation, and air conditioning (HVAC) thermostat fan switch must always be on during business hours.

Subp. 8. Furniture and fixtures.

A. All furniture and fixtures in a work area must have a washable covering or finish and be clean and in good repair.

B. Each work area must have a clean waste receptacle, emptied daily.

C. Each salon must have at least one readily accessible fire extinguisher maintained annually in compliance with State Fire Code requirements. All practitioners in the salon must be instructed in the location and use of the fire extinguisher.

Subp. 9. Certain salon types.

Additional requirements for salons located in private residences are under part 2105.0393. Additional requirements for mobile salons are under part 2105.0395. Additional requirements for suite-style salons are under part 2105.0397.

History

Statutory Authority: MS s 14.388; 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81
History: 10 SR 474; 11 SR 389; 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 38 SR 778; 41 SR 305; 43 SR 347; 44 SR 941

Minn. R. 2105.0370 Salon Operational Requirements

A salon must continuously meet the following minimum operational requirements.

A. Each salon must maintain a readily accessible first aid kit meeting National Standard ANSI Z308.1-2015 or the most recent version of the standard.

B. Each salon must comply with federal hazard communication standards, Code of Federal Regulations, title 29, section 1910.1200, and must:

C. The active salon license showing the current DLSM must be conspicuously posted facing the public side of the reception area or at each customer entrance providing the public a full, unobstructed view of the license.

D. Each salon must ensure that each licensee meets the license display requirements in part 2105.0190, subpart 4.

E. All licensees must have a valid picture state identification in their possession when working in the salon and must produce this identification for inspection when requested by board staff.

F. The salon must post inspection results and provide the detailed inspection report as noted in part 2105.0115, subpart 2.

History

Statutory Authority: MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81
History: 10 SR 474; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305; 43 SR 347; 44 SR 941

Minn. R. 2105.0375 Infection Control Requirements

Subpart 1. Duties.

It is the responsibility of all licensees, including the salon owner and the designated licensed salon manager (DLSM) to ensure that all infection control requirements are followed. Items, tools, and equipment on the salon premises that may be used for regulated services are subject to the requirements of this part even if not intended for use in services regulated by the board or intended for personal use.

Subp. 2. Hand washing.

All licensees must thoroughly wash their hands with soap and water and dry them with a single-service paper or cloth towel or air dryer before providing any service to a client. An alcohol-based hand rub with a minimum of 60 percent alcohol may be used in lieu of hand washing only when the hands are free of lotions, ointments, product, or visible soil. Gloves and hand wipes are not an acceptable substitute for hand washing.

Subp. 3. Cleaning.

Before disinfecting any surface or item, any visible debris and disposable parts must be removed and the surface or item must be washed with soap and water or a cleaning agent, rinsed thoroughly, and dried before being disinfected. Surfaces may be wiped with a cleaning agent before being disinfected. Any cleaning agent not in the original container must have a legible label with the name of the agent and use instructions. If the original container with instructions is available, use instructions are not required to be repeated on the new container label.

Subp. 4. Disinfecting.

A. Only hospital-level, EPA-registered disinfectants that are labeled as bactericidal, virucidal, and fungicidal may be used. Alcohol is not an acceptable disinfecting agent. Bleach products must have an EPA registration for hospital-level disinfection.

B. Items to be disinfected must first be cleaned according to subpart 3.

C. Disinfectants must be used according to the manufacturer's directions, including contact time, safety precautions, dilution requirements if any, and proper disposal. Disinfectant sprays or wipes must not be used except where noted in this part.

D. Disinfectant solutions must be legibly labeled with the disinfectant name and any dilution requirements. Disinfectant solutions must be disposed of immediately if visible debris is present. If concentrated disinfectants must be diluted with water, measuring devices must be readily available and used to ensure an effective solution is made. Unless otherwise directed by the disinfectant label, disinfectant solutions must be made daily and disposed of at the end of the day.

E. All surfaces of a tool or implement, including handles, must be disinfected by fully submerging the item in disinfectant in a covered container for the full contact time listed in the manufacturer's directions. Following disinfection, items must be rinsed to prevent exposure of clients and licensees to unsafe pesticides and chemicals. Items must be dried before being stored.

F. Each salon must have disinfectant containers with covers. The containers must be large enough to totally submerge the implements and tools in disinfectant. The number of covered containers and size of containers must be sufficient to hold all the implements and tools that need to be disinfected.

G. Licensees must protect themselves by wearing gloves or using tongs to avoid direct skin contact with the disinfectant and observe all safety precautions in the manufacturer's directions.

Subp. 4a. Sterilizing.

A. Any tool or implement that is designed to puncture or invade the skin must be cleaned and then sterilized before the tool or implement can be reused. A sterilized tool or implement must be stored in the sterilization pouch or container in which it was sterilized. Each sterilized package or container must have the batch number and date of sterilization, corresponding to the log of use referenced in item D.

B. Autoclaves, steam or dry heat sterilizers, chemical vapor sterilizers, and any other sterilizing device must be registered and listed with the United States Food and Drug Administration and used only as instructed by the manufacturer.

C. Autoclaves and other sterilizers must be spore tested through an independent lab every 30 days to ensure functionality. Spore-testing results and maintenance records must be kept on site at the salon for 36 months. Autoclaves and autoclave packaging of tools are prohibited unless regular spore tests are performed by a contracted laboratory at least once per month but not more than 30 days between tests. If a positive spore test is received, the autoclave must not be used until a negative spore result is received. The salon must maintain a log of each use, all testing samples and results, and a maintenance log of all maintenance performed according to the manufacturer's directions. The salon must retain the most recent 36 months of the log at the salon for review by the board.

D. Sterilized items must be stored in the package in which they were sterilized. Each package must show the batch number and sterilization date corresponding to the log kept of each sterilization process required in item C.

Subp. 5. Blood and body fluid exposure.

Licensees must stop a service whenever an unexpected cut, abrasion, or other injury occurs during a service resulting in exposure to blood or other body fluids, or when blood or other body fluids appear as a result of a service, and follow the steps in items A to G.

A. The licensee must put on gloves.

B. If possible, rinse the wound with running water.

C. Clean the wound with an antiseptic solution and cover with a sterile bandage.

D. If the wound is on the licensee's hand, the licensee must wear a glove or finger cover covering the wound. If the wound is on the client, the licensee must wear gloves on both hands to complete the service.

E. Blood-stained tissue or cotton or other blood or body fluid contaminated material must be placed in a plastic bag, sealed, and discarded.

F. Before resuming service, the licensee must first remove from service any equipment, tools, and implements that came into contact with blood or other body fluids, clean and disinfect any contaminated surfaces, and then clean and wash hands with soap and water.

G. Contaminated tools, implements, and equipment must be cleaned and then disinfected or sterilized according to subparts 3, 4, and 4a.

Subp. 6. Storage of items.

A. Disinfected items must be stored in clean, closed containers, cupboards or drawers, or on a clean towel and covered with a clean cloth towel or clean drape, and must not come into contact with contaminated items or nondisinfected items.

B. Storage containers must have solid sides and lids and must be cleaned and disinfected weekly and before use if visibly soiled. Disinfectant wipes or sprays may be used only when the container is too large to be submerged in disinfectant.

C. Plastic or paper bags or sealed wrapping must not be used to store disinfected items unless the item has been sterilized under the requirements of subpart 4a.

D. Items pulled out for service must not come into contact with contaminated surfaces.

E. Tools and implements that are pulled out for a service prior to the client's arrival must be placed on and covered by a clean cloth or paper towel. The towel must be discarded at the end of the service.

F. Immediately after each service, tools, implements, linens, and other nonelectrical items that have been removed from clean storage must be placed in covered and closed containers labeled "used" or immediately cleaned and disinfected or sterilized.

Subp. 7. Safety and infection-control practices.

A. Only cleaned, disinfected or sterilized, and properly stored tools and implements must be used on a client.

B. A supply of disinfected or sterilized tools and implements, single-use supplies, and disinfectant must be present and available for use by practitioners. The supply must be sufficient, based on the practitioner and salon service volume, to ensure each client is serviced with tools and implements that are either properly cleaned and disinfected or sterilized each day.

C. All fluids, semifluids, creams, waxes, and powders must be kept in clean, covered containers with a solid cover and must be dispensed in a manner that prevents contamination of the unused supply.

D. All products must be legibly labeled if not in the original container.

E. Each pencil cosmetic must be sharpened before each use with a disinfected pencil sharpener. When a pencil-type cosmetic is in a mechanical applicator or is of a diameter too small to be sharpened, the exposed tip of the product must be removed with a disinfected scissors or knife, and the tip of the applicator wiped with alcohol before use on another client.

F. Licensees must comply with all manufacturer's directions for product and equipment use.

G. Licensees must not perform services on clients with open wounds or sores in the area of the body to be serviced.

H. Animals are not allowed in salons. This prohibition does not apply to service animals as defined by the Minnesota Human Rights Act, the Americans with Disabilities Act (ADA), and related regulations, as amended.

I. Live fish, leeches, snails, and other living creatures may not be used in any cosmetic service.

J. Uncovered food or beverages are not allowed in the presence of uncovered disinfectant solutions, or when disinfectant solutions are made or disposed of, or when disinfectant sprays are used.

K. Licensees must not eat or smoke, including electronic cigarettes, while performing any services. Any beverage for a licensee must be covered with a lid during any service.

L. Tools and implements must not be placed in or on clothes, aprons, pockets, bags, or holsters, or worn by the licensee, and must not come into contact with contaminated surfaces.

M. Tools or implements dropped on the floor or otherwise contaminated during a service must be removed from the work station, cleaned and disinfected or sterilized, or placed in a covered container labeled "used" until cleaned and disinfected or sterilized.

N. Wig blocks must have a nonabsorbent covering. Each nonabsorbent covering must be removed after each servicing of a wig, cleaned and disinfected, and must be stored in a properly labeled covered container. Wigs accepted for service must be stored in individual clean and disinfected containers, or in a new disposable container such as a plastic bag. New plastic wrap or other suitable clean and disinfected covering material must be placed over a customer's hair while trying on wigs for purchase, and the wig must not be allowed to come into contact with the skin, hair, or wigs of the customer.

O. Licensees must wear gloves as required in this part. Before donning gloves, licensees must wash hands and wrist area with soap and water. Gloves must be changed during a service if a glove becomes damaged or comes in contact with any nondisinfected surface or objects or with a third person. Gloves must be discarded at the end of every service. Licensees must wear gloves when:

Subp. 8. Laundered items.

Each towel, robe, and linen used to cover or protect customers must be used only once and then be laundered with detergent and hot water in a washing machine, dried on hot, and immediately stored in a clean, covered container.

A. Plastic or nylon capes and aprons may be washed in a machine and dried on any setting in a dryer or may be disinfected with a spray disinfectant.

B. Used or soiled towels, linens, and capes must be stored in closed containers labeled "used."

C. Steamed towels and cloths must meet the requirements of subpart 15, item G.

Subp. 9. Shears and razors.

Shears and razors are not required to be washed, but must be wiped to remove hair, product residue, and skin debris, and then disinfected with an EPA-registered, hospital-level disinfectant spray or wipe after each use. The surfaces must remain wet with the spray or wipe disinfectant for the contact time listed on the disinfectant label.

Subp. 10. Brushes.

Licensees must follow the procedures in subparts 3 and 4 for all hair or color brushes, brushes used in nail or skin services, makeup brushes, and neck brushes. Brushes used in solvent-based nail products that do not support microbial life are exempt from the disinfection requirement.

Subp. 11. Electrical and electronic tools.

Electric clippers, nail drills, flat irons, blow dryers, glass or metal electrodes, high frequency wands, esthetic machines, steamers, diffusers, or other electric or electronic tools must be cleaned and disinfected or sterilized after each use, including the body, handle, and attached cord.

A. Plastic guards and any nonmetal removable parts must be removed, cleaned, and disinfected as required in subparts 3 and 4.

B. Metal guards, clipper blades, drill bits, and other parts designed to be removed must be removed. All product residue, hair, skin debris, nail dust, and other visible debris must be removed using a disinfected brush or clean towel, and the removable part must be disinfected with an EPA-registered, hospital-level disinfectant spray or wipe after each use. The surfaces must remain wet with the spray or wipe disinfectant for the contact time listed on the disinfectant label and the manufacturer's directions must be followed.

C. Clipper blades that are not detachable must have the hair removed using a disinfected brush or a blade wash, and the clipper blade must be disinfected with a hospital-level disinfectant spray. The surfaces must remain wet with the spray disinfectant for the contact time listed on the disinfectant label and the manufacturer's directions must be followed.

D. The surface of the tool's body, handles, and attached cord must be brushed or wiped clean of all product residue, hair, skin debris, nail dust, and other visible debris, and then disinfected with an EPA-registered, hospital-grade disinfectant spray or wipe after each use. The surfaces must remain wet with the spray or wipe disinfectant for the contact time listed on the disinfectant label and the manufacturer's directions must be followed.

E. Disinfected electrical and electronic tools must be stored when not in use. Acceptable storage includes a clean and disinfected:

F. Skin care machines and equipment must be cleaned and then disinfected or sterilized according to the manufacturer's directions.

Subp. 12. Pedicure stations.

Pedicure tubs, including basins, and piped and pipeless tubs must be cleaned and disinfected according to items A to C.

A. Immediately after each service:

B. Pedicure tub and foot basin liners are single-use items under subpart 13 and must be disposed of immediately after use. Subitems (1) to (4) apply when liners are used.

C. Pedicure tubs of all kinds must always be maintained in a clean and disinfected condition as identified in items A and B, even if the tub is broken or not in service.

Subp. 13. Single-use items.

Foam toe separators, foam buffer blocks, pedicure tub liners, pumice bars or stones; chamois, paper, or foam flip-flops or slippers; nail files unless governed by item B; sanding bands or sleeves; paper sandpaper drill bits; wooden applicators; cotton balls, cotton pads, or swabs; gauze pads; sponges; neck strips; wax strips; under-eye pads; tape; and other items made with paper, wood, foam, or other porous materials are single-use items, may be used one time only, and must be immediately disposed of in a trash can after each service. Lancets and extraction needles are single-use items and must be disposed of in a sharps container. Brushes are not single-use items when the provisions of subpart 10 are met. Linens are not single-use items when the provisions of subpart 8 are met.

A. New, single-use items must be stored in clean covered containers with solid sides and lids containing only new or disinfected items. New items in the original sealed packaging may be stored out in the open.

B. All nail files are single-use items unless made of metal, glass, or crystal. Ceramic nail files are single-use items unless completely sealed by a glaze.

C. For the purpose of scoring the edges of sharp single-use files, one file may be repeatedly used to file down the edge of a supply of new files, provided that the practitioner wears gloves while preparing the new files and that the file used by the practitioner is kept in the dispensary in a disinfected container labeled "score file." Each salon may have only one score file.

Subp. 14. Wax and paraffin services.

Wax pots and paraffin warmers must be kept covered and the exterior cleaned daily.

A. If debris is found in the wax pot or paraffin warmer, or if the wax or paraffin has been contaminated by contact with skin, unclean applicators, or double-dipping, the wax pot or paraffin warmer must be emptied, the wax must be discarded, and the pot or warmer must be disinfected.

B. Disposable spatulas and wooden sticks must be dipped into the wax only once and then discarded without using the other end.

C. Applicators must be dipped only once into the wax unless the wax is a single-service item and unused wax is discarded after each service.

D. Any surface touched by a used wax stick must be cleaned and disinfected immediately after the service.

E. Paraffin wax must be portioned out for each client in a bag or other container, or dispensed in a manner that prevents contamination of the unused supply.

Subp. 15. Salon fixtures.

A. Counters, tables, reception-area chairs, and desks must be cleaned daily with soap and water or a cleaning agent.

B. Work surfaces where services are performed, such as shampoo bowls, nail tables, facial chairs or beds, or waxing beds, must be protected from skin contact by a clean cloth or paper towel or sheet. The work surface must be cleaned and disinfected daily, using EPA-registered, hospital-level disinfectant wipes or sprays with the surface wet for the contact time in the product directions. If a customer's skin comes into contact with the surface, the surface must be cleaned and disinfected immediately after the service.

C. Stylist chairs at hair stations, chairs at shampoo stations, manicure chairs, and pedicure throne chairs must be cleaned and disinfected at the end of each day. EPA-registered hospital-level disinfectant wipes or sprays must be used and the surface must be wet with the disinfectant for the contact time in the product directions.

D. Sinks and shampoo bowls must be cleaned and disinfected daily with a disinfected spray or wipe, including faucet handles, spray handles, inside bowls, and outside surfaces. Hair must be removed from shampoo bowls immediately after each shampoo service.

E. Rolling carts, work trays, or other containers used to hold tools and implements during a hair, skin, waxing, nail, pedicure, or other service must be cleaned and disinfected with disinfectant wipes or spray weekly and before use if visibly soiled.

F. Hair and debris must be removed from the floor immediately after each service.

G. Towel warmers must be disinfected daily with a disinfectant wipe or spray. Salons using hot steamed towels in services must meet these requirements:

Subp. 16. Eyelash extension services.

A. Eyelash stands, holders, pallets, and trays must be cleaned and disinfected before use with each client.

B. Glue pallets and holders must be cleaned and disinfected before use with each client.

C. Eyelash extensions must be stored in a clean, closed container or in closed, original packaging. Eyelash extensions that are removed from the container or original packaging for a client's eyelash service and not used must be disposed of and must not be used for another client. When removing eyelashes from the container or package to portion out eyelashes for a service, a licensee must use a disinfected scissors, blade, or other tool to snip a portion of a strip, or a disinfected tweezer to portion out the lashes for each service.

History

Statutory Authority: MS s 14.389; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81; L 2017 1Sp4 art 2 s 64
History: 41 SR 305; 42 SR 589; 43 SR 347; 44 SR 941

Minn. R. 2105.0377 Salon Prohibitions

A. Prohibited substances in salons are methyl methacrylate (MMA) liquid monomers, formalin tablets, formalin liquids, and other fumigants.

B. Skin cutting equipment, including razor-type callus shavers, credo blades, rasps, or graters and other implements that are used to remove corns or calluses by cutting below the skin surface are prohibited and must not be present in a salon.

C. Roll-on wax is prohibited. Single-use roll-on wax cartridges are acceptable but must be disposed of immediately after service. Roll-on wax cartridges warming in a wax heater must have an intact seal. The heating unit is subject to the requirements of part 2105.0375 and must be cleaned and disinfected after each use.

D. UV sterilizers or light boxes are not an acceptable infection control device and must not be present in a salon. This does not apply to UV dryers or ultraviolet lamps used to dry or cure nail products.

E. Autoclave packaging of tools is prohibited unless an autoclave is used and the salon is in compliance with part 2105.0375, subpart 4a.

F. Electric or battery-operated files or drills not specifically manufactured for use on humans are prohibited.

G. Practitioners must not use tools or implements provided by customers unless the practitioner first cleans and then disinfects or sterilizes the tool or implement. Customer-supplied prohibited tools must not be used and must be immediately removed from the salon premises. Customer-supplied single-use items must be new.

H. Salons must not store a customer's tools or implements.

I. Only single-use sterile lancets may be used.

History

Statutory Authority: MS s 14.389; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81; L 2017 1Sp4 art 2 s 64
History: 41 SR 305; 42 SR 589; 43 SR 347

Minn. R. 2105.0380 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2105.0390 Salon Supervision

A. The owner and the designated licensed salon manager (DLSM) registered with the board are responsible for the salon at all times, even when not present at the salon. The owner and the DLSM must ensure that:

B. The salon must designate and register only one person as the DLSM, consistent with part 2105.0305. This does not preclude a salon from having a business manager or other managers who are not licensed as operators or managers.

C. The DLSM and the owner must maintain, on the salon premises, the work time records of each licensed employee, as required by Minnesota Statutes, section 177.30. Time records must be provided upon written request to the licensee or to the board.

D. Any salon that leases space to one or more licensed practitioners must provide lessees with a method to track hours worked. Acceptable methods are paper, mechanical, or electronic. All methods must record time on a contemporaneous basis. The salon must retain the work time records for a period of four years for each lessee. Work time records must be provided upon written request to the licensee or to the board. The salon has no obligation to ensure the use of the method to track work hours by a lessee.

History

Statutory Authority: MS s 14.388; 14.389; 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81; L 2017 1Sp4 art 2 s 64
History: 11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; L 2013 c 85 art 5 s 49; 38 SR 778; L 2015 c 77 art 2 s 87; 41 SR 305; 42 SR 589; 43 SR 347

Minn. R. 2105.0393 Salons Located in Private Residences

Salons may be established in private residences if the conditions in items A to G are met.

A. The salon must meet the requirements of this chapter.

B. The salon space must not be used for any residential purposes at any time.

C. The salon must be completely separated from the residential areas. There must be a permanent, solid partition from floor to ceiling between the salon and the residential areas, and any door in between them must be kept closed at all times.

D. All cosmetology services must be provided in the salon space.

E. Laundry tubs must not be used as shampoo bowls.

F. If the salon space does not include a restroom, licensees and customers must have access to the residential bathroom. All medications and hazardous substances in the residential bathroom must be kept in locked cupboards.

G. If the salon owner or DLSM is at the home when a board inspector visits, the board inspector must be allowed access to the salon space for the purposes of an inspection, even if the salon is not open for business at the time of the inspection visit.

History

Statutory Authority: MS s 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 41 SR 305; 44 SR 941

Minn. R. 2105.0395 Mobile Salons

Subpart 1. Mobile salons.

A salon located in a mobile vehicle or mobile structure must be licensed as a mobile salon. Mobile salons are subject to the following provisions:

A. The salon must meet the requirements of this chapter, including requirements related to the facility, safety and infection control, and scope of services to be provided in salons, except as otherwise provided for in this part.

B. A salon license is valid for a specific vehicle or mobile structure and must not be transferred to a different vehicle or mobile structure.

C. All services must be provided inside the interior of the vehicle or structure.

D. The mobile salon must be equipped with a functioning cell phone or Voice over Internet Protocol (VoIP).

E. The mobile salon's name as shown on the license must be visibly displayed and clearly legible on at least one exterior side of the mobile salon.

Subp. 2. Mobile salon license application.

In addition to the requirements of part 2105.0310, an applicant for a mobile salon license must provide the following information:

A. a description of the vehicle or mobile structure to be used as the mobile salon, including photographs of the interior and exterior;

B. the license plate number and vehicle identification number (VIN) of the mobile salon;

C. the capacity and location of each potable water tank and wastewater tank;

D. a permanent address at which board correspondence may be received;

E. the address of the physical location where the mobile salon is parked when not in service; and

F. the phone number of the mobile salon's cell phone or Voice over Internet Protocol (VoIP).

Subp. 3. Water and wastewater requirements for mobile salons.

A. The mobile salon must have a self-contained, potable water supply in holding tanks with gauges indicating the levels in the tanks and reserve capabilities. The water supply tanks must be integrated and plumbed into the wastewater tanks or gray water tanks.

B. Only potable water hoses meeting NSF/ANSI Standard 61-2014 may be used to fill the potable water tanks. NSF/ANSI Standard 61-2104 is incorporated by reference, is not subject to frequent change, and is available through the Minitex interlibrary loan system.

C. The mobile salon must have a wastewater tank or gray water tank capacity 15 percent larger than the water supply holding tank.

D. A mobile salon must not operate when:

E. A mobile salon must have a restroom in operating condition inside the mobile salon that includes an installed hand sink with potable water, soap, single-use towels, and a self-contained, recirculating, flush chemical toilet with a holding tank or properly maintained composting toilet.

F. Wastewater must be discharged into a sanitary sewage system or a sanitary dumping station. Dumping wastewater in a storm sewer, in any body of water, or on the ground is prohibited. When disposing of sewage and wastewater, each mobile salon shall comply with all applicable federal, state, and local environmental and sanitary regulations.

G. Portable shampoo containment bowls and portable pedicure tubs are acceptable. All other sinks must be installed and connected to the vehicle's potable water supply and wastewater tanks.

Subp. 4. Electrical and power requirements for mobile salons.

A. If power to supply heating, air conditioning, and other equipment is supplied by a generator, the generator must be properly vented outside and all doors and windows must be closed when the generator is operating to avoid exhaust entering the mobile salon. The generator must meet applicable municipal noise ordinances.

B. Any combustible gas heater used by a mobile salon must be a sealed, combustible unit and must be vented outside, and all doors and windows must be closed when the heater is operating to avoid exhaust entering the mobile salon. Liquefied petroleum gas (LP-gas) systems installed in the mobile salon must comply with the current edition of the National Fire Protection Association Standard No. 58 LP-Gas Code as adopted by the State Fire Code.

C. All combustible gas containers must be stored outside of the mobile salon.

D. The mobile salon must have working alarms for carbon monoxide, smoke, and combustible gas, either as single alarms or combined alarms.

E. All electrical wiring in a mobile salon must comply with the State Electrical Code. Electrical equipment plugged into outlets must be UL-listed and must comply with Minnesota Statutes, section 326B.35, and local fire codes.

Subp. 5. Safety and infection control requirements.

In addition to the safety and infection control requirements for salons in this chapter, mobile salons must comply with the following requirements:

A. Services must not be provided unless the mobile salon is parked with the engine off, stable, and leveled. Stabilizing jacks must be used when indicated by the manufacturer's instructions of the vehicle or mobile structure. At least two wheel chocks must be in use when the salon is operating.

B. Carpeting is permitted only within driving or cab areas.

C. All hazardous substances in the mobile salon must be stored upright in secured cabinets when the mobile salon is moving.

D. The mobile salon must have a ventilation system sufficient to provide fresh air in the salon.

E. All moving parts, including slide outs and steps, must be in good working order.

Subp. 6. Location and times of operation.

The mobile salon must report itineraries when requested by the board.

Subp. 7. Compliance with local government law.

The mobile salon must comply with all city, township, and county ordinances regarding wastewater disposal, commercial motor vehicles, vehicle insurance, noise, signage, parking, commerce, business, and all other local government requirements. It is the responsibility of the mobile salon owner to investigate what requirements are applicable to the mobile salon in each jurisdiction where the salon operates, and to ensure compliance with the requirements.

Subp. 8. Penalties for violating local government law.

Mobile salons are subject to the disciplinary provisions of Minnesota Statutes, section 155A.33, when a municipality has determined that a licensed mobile salon has repeatedly violated a local government restriction regarding the time and place of operation of a mobile salon and when any local government appeal process has been completed or exhausted.

In the absence of a final determination, the board must not investigate allegations that a mobile salon has violated a local government law, but must refer allegations to the local government authority.

History

Statutory Authority: MS s 14.389; 155A.26; L 2015 c 77 art 2 s 81; L 2017 1Sp4 art 2 s 64
History: 41 SR 1087; 42 SR 589

Minn. R. 2105.0397 Suite-Style Salons

Subpart 1. Suite-style salons.

Suite-style salons must have one salon license under which every suite located on the premises operates, or each suite must carry its own salon license as an individual salon. A suite-style salon where each suite carries its own salon license must meet the salon licensing requirements of this chapter. When the salon license is held by the business leasing the suites, the requirements of subparts 2 to 7 apply and must be met.

Subp. 1a. Sinks.

Each suite-style salon must have a designated handwashing sink and disinfecting area in the suite-style salon that meets the requirements of part 2105.0360, subpart 6.

Subp. 2. Compliance in suite-style salons.

The salon license holder and the DLSM must ensure that all cosmetology services and all practitioners are in compliance with the requirements of this chapter.

Subp. 3. Salon license posting requirements in suite-style salon.

The salon license must be conspicuously posted at the salon's reception area and at each salon entrance used by customers. The license must not be a photocopy, but must be a duplicate license purchased from the board.

Subp. 4. Practitioner license posting requirements in suite-style salon.

The posting requirements of part 2105.0190, subpart 4, apply, except that the practitioner licenses must be conspicuously posted at the practitioner's station or inside the suite instead of in the reception area or foyer of the building.

Subp. 5. Inspection result posting requirements in suite-style salon.

The requirement of part 2105.0115, subpart 3, to post inspection results and a report must be met by posting the inspection results and inspection report at the salon entrance used by customers.

Subp. 6. Safety data sheets in suite-style salon.

The requirements of part 2105.0370, item B, must be met. The paper or electronic safety data sheets for each product used in each suite must be located in the suite itself or in a central accessible location.

Subp. 7. Suite signage and advertising.

A practitioner who does not hold a salon license, and is renting salon space in a licensed salon must comply with the requirements of part 2105.0110. This does not apply to a suite directory or suite entryway signage identifying the tenant in a licensed suite-style salon business.

History

Statutory Authority: MS s 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 41 SR 305; 44 SR 941

Minn. R. 2105.0400 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2105.0410 Licensed Services Not Offered in a Licensed Salon

Subpart 1. Nursing homes; housing with services and assisted living facilities.

This part applies to nursing homes licensed under Minnesota Statutes, chapter 144A, housing with services establishments registered under Minnesota Statutes, section 144D.02, and operating under title protection under Minnesota Statutes, chapter 144G, and beginning August 1, 2021, assisted living facilities licensed under Minnesota Statutes, chapter 144G.

A. A salon as defined in Minnesota Statutes, section 155A.23, subdivision 9, that is located in a nursing home, housing with services entity, or assisted living facility is required to be licensed if any cosmetology services are provided to anyone other than the homebound residents of the nursing home, housing with services entity, or assisted living facility. A resident of a housing with services entity receiving comprehensive home care services and residents of an assisted living facility receiving assisted living services are considered to be homebound residents. All residents of a nursing home are considered homebound for the purposes of this part.

B. A salon as defined in Minnesota Statutes, section 155A.23, subdivision 9, located in a nursing home, housing with services entity, or assisted living facility is not required to be licensed if:

Subp. 2. Special events permits.

A. Licensees with an active manager's license may apply online for a special events permit. Applicants must carry professional liability coverage of at least $25,000 for each claim and $50,000 total coverage for each policy year, and must pay the fees required by Minnesota Statutes, section 155A.33.

B. The permit holder may only provide the following services:

C. Permits have the restrictions in subitems (1) to (6).

D. The hours spent working under a special event permit do not count toward the work hours in a licensed salon required to obtain other licenses under this chapter.

E. A special event permit holder must not use the permit to provide regulated services in a mobile vehicle or mobile structure that is owned or operated by the permit holder or a board licensee unless the mobile vehicle or mobile structure is licensed as a mobile salon under this part. A licensed mobile salon does not require a special event permit for services offered in the mobile salon.

Subp. 3. Homebound permit.

A homebound service permit authorizes a licensee to provide services in a licensed nursing home to residents or in the residence of an individual who is homebound.

A. To obtain a homebound service permit, an applicant must apply and:

B. Homebound service permits are issued by the board for a three-year cycle.

C. A homebound service permit is not valid unless the permit holder's practitioner license is active. If the practitioner's license has expired, a permit must not be used until the practitioner has renewed the practitioner license.

D. The permit holder must maintain the professional liability insurance as required in item A for the duration of the permit.

E. The licensee must comply with all infection control requirements and safety requirements in parts 2105.0375 and 2105.0377, and must carry a first aid kit meeting the requirements in part 2105.0370, item A, when not in a licensed nursing home.

F. The hours spent working under a homebound service permit do not count toward the work hours in a licensed salon required to obtain other licenses under this chapter.

History

Statutory Authority: MS s 14.389; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81; L 2017 1Sp4 art 2 s 64
History: 41 SR 305; 42 SR 589; 43 SR 347; 44 SR 941

Minn. R. 2105.0420 [Repealed, 43 SR 347]

[Repealed, 43 SR 347]

Minn. R. 2105.0450 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2105.0510 Intoxicants and Controlled Substances

Licensees must not perform cosmetology services while consuming or under the influence of an intoxicant or controlled substance.

History

Statutory Authority: MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305

Minn. R. 2105.0520 License Cycle

A. The board must issue individual licenses on a three-year license cycle. The first year of the license cycle may consist of less than 12 months, and begins on the issuance date and ends on the last day of the individual's birth month. The second and third year of the license cycle consists of 12 months each, ending on the last day of the individual's birth month.

B. The board must issue salon licenses on a three-year license cycle. A salon license begins on the issuance date and ends three years later on the last day of the month.

History

Statutory Authority: MS s 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 41 SR 305

Minn. R. 2105.0600 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2105.0610 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2105.0650 Penalties

The board may take action as authorized under Minnesota Statutes, chapter 155A, against any entity who has violated any law, rule, or order entrusted to the board.

History

Statutory Authority: MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305

Minn. R. 2105.0820 Request for Waiver

A written request for waiver of specific rule requirements may be granted by the board in cases of hardship or medical necessity.

History

Statutory Authority: MS s 154.45; 155A.05; 155A.26
History: 11 SR 389; 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26

Minn. R. 2105.0830 Compliance with Other Regulations

Compliance with this chapter does not ensure compliance with other requirements set forth by federal, state, and local laws, codes, ordinances, and regulations as they apply to business operation, physical construction and maintenance, safety, and public health.

History

Statutory Authority: MS s 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81
History: 43 SR 347

Chapter 2110 COSMETOLOGY; SCHOOLS

Minn. R. 2110.0010 Definitions

Subpart 1. Scope.

For the purposes of this chapter, the terms defined in this part have the meanings given them, unless their context clearly requires otherwise.

Subp. 2. Accommodate or to be accommodated.

"Accommodate" or "to be accommodated" means the maximum number of students present on the school premises at any one time and for which the school has the required physical and program resources. In most cases this will be the maximum number of students.

Subp. 2a. Active license.

"Active license" means a current license that has not expired and is not retired.

Subp. 3.

[Repealed, 41 SR 305]

Subp. 3a. Advanced exfoliation.

"Advanced exfoliation" means a cosmetic procedure removing epidermal cells through manual, mechanical, or chemical means.

Subp. 3b. Advanced extraction.

"Advanced extraction" means extractions performed using lancets or needles.

Subp. 4. Advertising.

Subp. 5.

[Repealed, 41 SR 305]

Subp. 5a. Basic exfoliation.

"Basic exfoliation" means the removal of dead skin cells in the stratum corneum layer of the epidermis through manual or chemical means.

Subp. 5b. Basic extraction.

"Basic extraction" means extractions performed using gloved fingers, cotton swabs, or comedone extractors.

Subp. 6.

[Repealed, 41 SR 305]

Subp. 7. Board.

"Board" means the Board of Cosmetologist Examiners.

Subp. 8. Clean.

"Clean" means free from all soil, dirt, and debris, and washed with soap and water or a cleaning agent, and then rinsed.

Subp. 9. Clinic.

"Clinic" means the portion of a cosmetology school where cosmetology services performed by students are offered to the public for compensation.

Subp. 10.

[Repealed, 41 SR 305]

Subp. 11.

[Repealed, 41 SR 305]

Subp. 12. Compensation.

"Compensation" means a monetary or nonmonetary remuneration for services.

Subp. 13.

[Repealed, 41 SR 305]

Subp. 13a. Disinfect.

"Disinfect" means the use of an antimicrobial pesticide that eliminates harmful bacteria, fungi, and viruses on nonporous surfaces.

Subp. 13b. Disinfectant.

"Disinfectant" means an antimicrobial pesticide that is registered with the Environmental Protection Agency (EPA) for use in a hospital setting and is a bactericide, virucide, and fungicide.

Subp. 14. Dispensary.

"Dispensary" means a physical location or area in a salon or school where products, chemicals, and disinfectants are prepared, measured, mixed, portioned, or disposed of, and where tools and implements are cleaned and disinfected or sterilized.

Subp. 15. Documentation.

"Documentation" means a signed, notarized statement attesting the truth of the facts stated in it.

Subp. 15a. Electrical energy treatments.

Subp. 16. Evidence.

"Evidence" means written proof.

Subp. 16a. Extraction.

"Extraction" means the cosmetic technique of removing impactions and comedones from follicles.

Subp. 17. Good repair.

"Good repair" means that an item is clean, with no holes, frayed wires, or tears in coverings, and fully operational for the purpose intended.

Subp. 17a. Hair braiding.

"Hair braiding" means a natural form of hair manipulation that results in tension on hair strands by beading, braiding, cornrowing, extending, lacing, locking, sewing, twisting, weaving, or wrapping human hair, natural fibers, synthetic fibers, and/or hair extensions into a variety of shapes, patterns, and textures (predominantly by hand and/or by simple braiding devices), and maintenance thereof. Hair braiding includes what is commonly known as "African-style hair braiding" or "natural hair care" but is not limited to any particular cultural, ethnic, racial, or religious forms of hair styles. Hair braiding includes the making of customized wigs from natural hair, natural fibers, synthetic fibers, and/or hair extensions. Hair braiding includes the use of topical agents such as conditioners, gels, moisturizers, oils, pomades, and shampoos. Hair braiding does not involve the use of penetrating chemical hair treatments, chemical hair coloring agents, chemical hair straightening agents, chemical hair joining agents, permanent wave styles, or chemical hair bleaching agents applied to growing human hair.

Subp. 17b.

[Repealed, 44 SR 941]

Subp. 17c.

[Repealed, 44 SR 941]

Subp. 17d. Hazardous.

Subp. 17e. Homebound.

"Homebound" means an individual lacks the physical or intellectual capacity for independent transportation, and is unable to travel independently to a licensed salon.

Subp. 18. Licensed services.

"Licensed services" means those services defined as the practice of cosmetology under Minnesota Statutes, section 155A.23, subdivision 3.

Subp. 18a. Lymphatic drainage.

Subp. 18b. Operator.

"Operator" means a standard license for a practitioner and not a manager license.

Subp. 18c. Porous material.

"Porous material" means a material that absorbs liquid or allows liquid to penetrate.

Subp. 18d. Simple braiding devices.

"Simple braiding devices" include clips, combs, curlers, curling irons, hairpins, rollers, scissors, needles, and thread.

Subp. 19.

[Repealed, 41 SR 305]

Subp. 20. Unregulated service.

"Unregulated service" means those services not defined as the practice of cosmetology under Minnesota Statutes, section 155A.23, subdivision 3, and that are exempt from regulation by the board. Unregulated services are ear piercing; body art; body painting; henna tattoos and permanent tattoos; eyebrow embroidery; eyebrow microblading; permanent hair removal; permanent makeup; tanning by UV radiation and spray tanning units; injectables; services for theatrical, television, film, fashion, photography, or media productions; media appearances; mortuary services; massage; body wraps and lymphatic drainage when performed by a massage therapist; the practice of medicine as defined in Minnesota Statutes, section 147.081, subdivision 3; hair braiding, hair braiding services, and hair braiders, as defined in subparts 17a to 17c; and threading as defined in Minnesota Statutes, section 155A.23, subdivision 13. Ordinances by local units of government that prohibit hair braiding, hair braiding services, or hair braiders, as defined in subparts 17a to 17c, or regulate any matter relating to licensing, testing, or training of hair braiding, hair braiding services, or hair braiders are preempted by this part.

History

Statutory Authority: MS s 14.389; 45.023; 154.22; 154.24; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2014 c 169 s 4; L 2015 c 77 art 2 s 81; L 2017 1Sp4 art 2 s 64
History: L 1983 c 289 s 114 subd 1; L 1984 c 655 art 1 s 92; 10 SR 474; 11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; 30 SR 1248; L 2009 c 78 art 6 s 26; L 2013 c 85 art 5 s 49; 39 SR 393; 41 SR 305; 42 SR 589; 43 SR 347; 44 SR 941

Minn. R. 2110.0100 Unregulated Services

Subpart 1. Disclosure.

All unregulated services identified in part 2110.0010, subpart 20, offered within a school clinic shall be clearly identified as "unregulated services" and listed on a sign conspicuously posted in the reception area. The sign shall contain lettering at least one inch high and shall state: "Unregulated services. The following services offered by (school name) are not regulated by the Board of Cosmetologist Examiners:

_________________________"

Subp. 2. Disclosure of courses.

Each school shall clearly identify those courses and clinical experiences in its curriculum which are not required by the department and which pertain to services not licensed by the state. These courses shall be clearly identified in all recruitment advertising and written material used for the purposes of soliciting prospective students.

Nonrequired courses and unregulated services shall be conspicuously identified in all written material, in type of the same size as the course or service name.

No more than one percent of the total instructional time and clinical experience in unregulated services shall be included in the minimum hours of schooling required for licensure.

History

Statutory Authority: MS s 45.023; 154.22; 154.24; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.26; 155A.27; 155A.29; 155A.30; L 2014 c 169 s 4
History: 11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; 30 SR 1248; L 2009 c 78 art 6 s 26; 39 SR 393; 44 SR 941

Minn. R. 2110.0110 Advertising

The following provisions govern all advertising relating to the education, licensing, or practice of cosmetology:

A. All advertising and business signage must state the school name as shown on the school license.

B. Advertisements must not state or imply favorable consideration by the Board of Cosmetologist Examiners other than to state that the school is licensed by the board.

C. A school advertisement of cosmetology services must clearly and conspicuously state that all services are performed by students.

D. Each school must maintain copies of all advertisements for clinic services for three years, available to the board at its request.

History

Statutory Authority: MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: L 1983 c 289 s 114 subd 1; L 1984 c 655 art 1 s 92; 10 SR 474; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305

Minn. R. 2110.0120 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2110.0125 Inspections

Subpart 1. Protocol.

A. Each school is subject to inspection at any time the board deems it necessary to affirm compliance. All school staff, including the owner, designated school manager (DSM), instructors, and unlicensed support staff must cooperate with the inspection. The school must allow a board inspector to inspect the school on the inspector's arrival at the school.

B. Board inspectors must carry board-issued photo identification.

Subp. 2. Violations and orders to comply.

A. The board must notify schools with a written inspection report when any violation is found during a board inspection. The school licensee and the DSM must take immediate action to address each violation and within ten business days bring the school and all licensees into compliance with this chapter, chapter 2105, and Minnesota Statutes, chapter 155A.

B. If an order to comply is issued by the board inspector, the school and the DSM must report to the board via mail or email within ten business days of the order's issuance using a form provided by the board. The report must:

Subp. 3. Posting inspection results.

The board must provide each school with the inspection results and a detailed inspection report on the inspection findings. Within ten business days of the issuance date on the results and report, the school and DSM must conspicuously post the inspection results in the entryway to the school clinic or at the reception desk and place the detailed inspection report in the reception area. The inspection results and inspection report must be visibly available in the reception area of the school for the public's review. The inspection results must remain posted and the inspection results must remain available in the reception area until replaced by new inspection results and a new detailed inspection report.

Subp. 4. Inspection penalties and discipline.

A. Violations of Minnesota Statutes, chapter 155A, and violations of this chapter and chapter 2105, including those listed in item B, cited on a board inspection are subject to:

B. Board staff must issue penalties prescribed in Minnesota Statutes, section 155A.25, for violations in subitems (1) to (3) cited during a board inspection of a school except as provided for in subpart 5. Licensees must pay penalties in full before any license is renewed or issued.

Subp. 5. Application of inspection penalties.

The maximum total inspection penalties per license per inspection must not exceed:

A. $3,000 for the school license;

B. $2,000 for the designated school manager; and

C. $1,000 for each instructor.

History

Statutory Authority: MS s 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81
History: 41 SR 305; 43 SR 347

Minn. R. 2110.0130 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2110.0140 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2110.0150 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2110.0190 Reinstatement After Suspension or Revocation

A school with a license that was suspended or revoked by the board under Minnesota Statutes, chapter 155A, must apply for relicensure as follows:

A. apply for relicensure on forms provided by the board;

B. meet the requirements for reinstatement identified in the order revoking or suspending the license, and meet any requirements for renewing a license under this chapter as if the license had not been revoked or suspended but had expired from the date of revocation or suspension; and

C. pay the fees required of a new applicant in Minnesota Statutes, section 155A.25.

History

Statutory Authority: MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 10 SR 474; 11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305

Minn. R. 2110.0200 Transfer of License Prohibited

School licenses are not transferable to another school and must be used only by the named licensee at the location listed on the license.

History

Statutory Authority: MS s 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305

Minn. R. 2110.0300 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2110.0310 School Licensure

Subpart 1. Application contents.

An applicant for a cosmetology school must apply on forms supplied by the board, giving the following information:

A. the school name and the legal name of the school and its owners, and the physical address, telephone number, email address, and website;

B. the names, postal addresses and email addresses, and telephone numbers of all owners of sole proprietorships or partnerships and controlling officers of corporations;

C. notarized signatures of the owners of sole proprietorships or partnerships, controlling officers of corporations, and the designated school manager;

D. an active Certificate of Assumed Name from the secretary of state if the school is doing business under a name different than the full legal name of the owner;

E. an active Certificate of Organization from the secretary of state, except for sole proprietorships and general partnerships;

F. a Social Security number for a sole proprietor, and a state tax identification number for all other businesses;

G. current Certificate of Insurance of professional liability insurance of at least $150,000 for each policy year for the school, its employees, and students;

H. current Certificate of Workers' Compensation Insurance;

I. documentation of a continuous corporate surety bond as required in Minnesota Statutes, section 155A.30, subdivision 5;

J. the days of the week and the hours which the school will be open and the school's projected opening date;

K. a statement attesting to the school's compliance with applicable building codes, the Minnesota State Fire Code, and applicable OSHA requirements;

L. the name, license number, and notarized signature of the DSM accepting the responsibilities of the DSM;

M. a roster of all instructors, including license number, type of license, designation of employment status (full time or part time) and days of the week and hours scheduled for instruction;

N. a diagram of the school drawn to scale, providing the dimensions of the school as a whole and designating the size and location of all entrances and exits, and the location and dimensions of all required areas and facilities;

O. a complete inventory of facilities, equipment, and machines supportive of instructional and clinical operations, as required by this chapter;

P. a proposed schedule of all courses to be offered in the first year, including start dates and completion dates for each course. If concurrent courses are to be offered, the school must demonstrate it has available classroom and clinical space as well as instructors for each course;

Q. the maximum number of students the school will be able to accommodate for each course scheduled the first year;

R. for each course offered:

S. copies of all financial aid and refund policies;

T. copies of all student rules, disciplinary policies, and student handbook;

U. a copy of the standard enrollment contract;

V. copies of all written material used to solicit prospective students, including but not limited to tuition, refund, and fee schedules, catalogs, brochures, and all recruitment advertisements; and

W. a current balance sheet, income statement, and pro forma income and cash flow projections for the first three years of operation. The applicant must establish sufficient financial worth to conduct a school and to meet its financial obligations.

Subp. 2. Payment of fee.

The applicant must pay the fees required in Minnesota Statutes, section 155A.25.

Subp. 3. License cycle.

School licenses are issued for three years, and begin on the issuance date and end three years later on the last day of the issuance month.

History

Statutory Authority: MS s 14.388; 45.023; 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81
History: 11 SR 389; 13 SR 1056; L 1993 c 204 s 28; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 38 SR 778; 41 SR 305; 43 SR 347

Minn. R. 2110.0320 Maintaining a School License

Subpart 1. Scope.

The requirements of this part apply to all cosmetology schools.

Subp. 2.

[Repealed, 41 SR 305]

Subp. 3.

[Repealed, 41 SR 305]

Subp. 4. Change of name.

The school owner or school manager must inform the board, in writing, of a name change within 60 days of the effective date of the change, provide legal documentation of the name change, and pay the fees required in Minnesota Statutes, section 155A.25. A license must be issued in the new name for the remaining term of the old license, which must be returned to the board upon receipt of the license in the new name.

Subp. 5. Change of location.

A school license must not be transferred when the school moves to a new location. The school owner has 30 days after a move to apply for and receive a new school license in accordance with part 2110.0310. If a new license has not been issued by day 31, the school must cease operations until a license is issued.

Subp. 6. Change of owner.

A school license must not be transferred when the school is sold, including when a corporation owning the school is sold. The new school owner must apply for a school license at least 30 days before the effective date of the change. If a new license has not been issued by day 31, the school must cease operations until a license is issued.

Subp. 7. Change of business structure.

A school license must not be transferred when the business structure of the owner is changed. The school owner has 60 days after a change in business structure to apply for and receive a new school license according to part 2110.0310. If a new license has not been issued by day 61, the school must cease operations until a license is issued.

Subp. 8. Change of designated school manager.

Within ten days of the departure or resignation of the designated school manger (DSM), the school owner must:

A. appoint a licensed instructor or licensed school manager as acting DSM; and

B. notify the board by email of the last day of the DSM's employment, and the name and license number of a licensed instructor appointed as the acting school manager. The school has 30 days from the departure to register a new DSM with the board by submitting a DSM change form.

Subp. 9. Change of instructors.

The DSM must notify the board by email within ten days of the employment start or end date of a change in instructors, citing the instructor's name, license number, and effective date of the hiring or termination of employment. The school must be in compliance with the requirements of part 2110.0630.

Subp. 10. Change or addition of courses and curriculum.

A. A school planning to discontinue any course offering must notify the board via email.

B. A school planning to add a new course offering or a change to the curriculum for a currently approved course must apply for and receive board approval prior to offering the new or changed course. Application must include:

Subp. 11. Change or addition of textbooks.

A school planning to change the textbooks for a course must apply for approval on a form provided by the board prior to implementing a new textbook.

Subp. 12. Change or remodeling of school physical plant.

The school must report to the board via email any planned changes to the layout or physical structure of the school which require a building permit at least 30 days prior to the change. In the event of emergency repairs to the physical plant, the school must notify the board of any resulting changes within 30 days.

Subp. 13. Location of training.

A. Instruction must take place within a licensed school building except as provided in item B and part 2110.0500.

B. Schools may offer online board-approved theory-based classes. Practice-based classes must not be offered online.

Subp. 14. License.

A cosmetology school must not operate without an active and conspicuously displayed school license.

Subp. 15. Insurance.

A school must maintain current professional liability insurance of at least $150,000 for each policy year, must maintain a current Certificate of Workers' Compensation Insurance, and must maintain a corporate surety bond of $10,000 running to the state.

Subp. 16. Separation of school from any salon.

A salon must be operated as a separate and distinct business and the salon must be completely separated physically from the school.

History

Statutory Authority: MS s 14.389; 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81; L 2017 1Sp4 art 2 s 64
History: 11 SR 389; 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305; 42 SR 589; 43 SR 347

Minn. R. 2110.0330 School License Renewal

Subpart 1. Requirements.

The requirements of subparts 3 to 6 must be met in order to renew a school license.

Subp. 2. School license expiration and renewal.

A. School licenses expire on the last day of the month of initial licensure of the year due and each school owner and designated school manager (DSM) is responsible for renewing the school's license.

B. The school must submit a complete renewal application at least 30 days prior to the expiration date to ensure that a renewed license is issued before the expiration date. Not receiving a notice of renewal from the board does not constitute a valid excuse for not renewing the license.

Subp. 3. School continuation of insurance and surety bond.

The school licensee must provide evidence of continued professional liability insurance coverage of at least $150,000 as required by part 2110.0310, subpart 1, item G, and evidence of continued workers' compensation insurance in compliance with Minnesota Statutes, section 176.182, by providing Certificates of Insurance for both policies, and a current corporate surety bond as specified under part 2110.0310, item I.

Subp. 4. School licensee roster.

The school licensee must provide a current and complete roster of the DSM and instructional staff, including license numbers and expiration dates, employment status, and days and hours scheduled to work.

Subp. 5. Course offerings.

The school licensee must provide a list of courses offered and an anticipated course schedule for the next 12 months with the current and projected enrollment listed for each course scheduled. The school licensee must submit a copy of the board's approval letter for the curriculum with a statement attesting that the curriculum has not changed since the approval date, or submit the items required for new or changed curriculums in part 2110.0320, subpart 10, item B. If concurrent courses are to be offered, the school must demonstrate it has available instructors and classroom and clinical space for each course.

Subp. 6. Fees.

The school licensee must pay the fees required in Minnesota Statutes, section 155A.25.

Subp. 7. Failure to renew before license expiration date.

A. Late fees required by Minnesota Statutes, section 155A.25, apply if the complete renewal application is received after the expiration date of the license.

B. If a renewed school license has not been issued by the expiration date, the school is considered delinquent. The school licensee and DSM are subject to inspection fines detailed in part 2110.0125, and penalties as described in Minnesota Statutes, section 155A.22.

C. If a complete renewal application is not received by the board within 30 days after the license expiration date, the school license is not eligible for renewal, and the school must reapply for a school license as a new applicant.

D. The board must not accept or recognize student hours earned on or after the 31st day of the school's license expiration.

History

Statutory Authority: MS s 14.388; 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 38 SR 778; 41 SR 305

Minn. R. 2110.0340 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2110.0360 Duplicate License

A duplicate school license will be issued only upon the loss or destruction of the initial license. The licensee shall submit to the board an affidavit indicating why a duplicate license is required, and submit the required fee.

History

Statutory Authority: MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.26; 155A.29; 155A.30
History: 11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26

Minn. R. 2110.0370 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2110.0380 Facilities Requirements for Licensure

In addition to the requirements of part 2110.0310, the requirements contained in parts 2110.0390 to 2110.0600 must be met by the school before a license will be issued. Compliance with these requirements must be confirmed by an inspection by the board. The license must be issued after a satisfactory initial inspection.

History

Statutory Authority: MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305

Minn. R. 2110.0390 Physical Requirements

Subpart 1. Space.

A. The school must have enough classroom and clinic space and workstations on the clinic floor to support the school's scheduled instruction and training programs.

B. The school classrooms must have chairs and table work space for the maximum number of students scheduled for class at any one time.

C. The school must have a furnished student break room of at least 120 contiguous square feet.

D. The school must meet applicable building codes, fire codes, and zoning codes as determined by local zoning and building officials and the state fire marshal.

E. The school, or any part of the school, must not be used for any residential purpose.

Subp. 2. Walls and ceilings.

All walls, ceilings, ceiling fans, light fixtures, vents, and other fixtures must be kept clean and free from dust and dirt, and in good repair at all times.

Subp. 2a. Floors.

All floors must be kept clean and free from hair, nails, skin, wax, liquids, and other debris at all times and be in good repair, free from crevices, cracks, holes, or tears which could collect dirt or debris. Carpet is not an acceptable floor covering in clinic areas where services are provided, unless the school's most recent application for licensure was prior to January 2017.

Subp. 3. Electrical requirements.

The school's electrical infrastructure must comply with safety standards under Minnesota Statutes, section 326B.35. The school's use of electrical equipment and appliances must comply with the State Fire Code adopted according to Minnesota Statutes, chapter 299F.

A. Outlets must not have more than two appliances or items plugged in unless a UL listed power strip is used.

B. Power strips must have a circuit breaker and be plugged into an outlet and not into another power strip.

C. Extension cords must be plugged into an outlet and not into another cord, and may be used only for portable appliances according to the appliance's directions.

D. Each classroom must be clearly lit and shall have at least two electrical outlets. Use of extension cords shall not be an acceptable means of meeting this requirement.

Subp. 3a. Dispensary.

Each school must have a dispensary area used to mix chemicals, mix disinfecting solutions, disinfect or sterilize tools and implements, and to store hazardous supplies. The dispensary must have a clean waste receptacle emptied daily.

A. The dispensary must be equipped with a sink, single-use towels, liquid or foam hand soap, and a work surface area sufficient to disinfect the school's tools and implements. A shampoo bowl is not an acceptable sink for this purpose.

B. The school must ensure that all hazardous substances are inaccessible to the public by prohibiting public access to the dispensary or through the use of closed cabinets, and must ensure that a school employee is present whenever hazardous substances are temporarily available to the public.

Subp. 4. Restrooms.

A. Each school must have restrooms available in the school, or in an adjacent common area.

B. Restrooms must have a sink, toilet, liquid or foam soap, single-service towels, and a clean waste receptacle emptied daily.

C. Any hazardous cleaning agents, chemicals, or substances located in the restroom must be kept in locked cabinets not accessible to the public.

Subp. 5. Ventilation.

School ventilation must comply with applicable building codes, local ordinances, the State Fire Code, and state and federal OSHA requirements. If a school does not have an exhaust system, the heating, ventilation, and air conditioning (HVAC) thermostat fan switch must always be on during school hours.

Subp. 6. Safety items.

A. Each school clinic must have at least one readily accessible fire extinguisher that complies with and is maintained annually according to the State Fire Code requirements. All employees must be instructed in the location and use of the fire extinguisher.

B. Each school clinic must maintain a readily accessible first aid kit meeting National Standard ANSI Z308.1-2015, or the most recent version of the standard.

C. Each school clinic must have readily accessible safety data sheets (SDS) for each product used in the clinic containing hazardous substances as identified in Code of Federal Regulations, title 29, section 1910.1200, available to all school personnel at all times.

D. The school must inform all employees and students of the potential health effects of the hazardous products and chemicals used in the school clinic and the location of the SDS data.

E. The school must inform all employees and students of the measures each must take to protect themselves from the hazardous products and chemicals, including specific procedures the school has implemented to protect employees and students from exposure. The procedures must include best clinic practices, emergency procedures, and personal protective equipment to be used.

History

Statutory Authority: MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81
History: 11 SR 389; 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305; 43 SR 347; 48 SR 257

Minn. R. 2110.0400 Fixtures, Furniture, Equipment

A school must:

A. provide every student assigned to the classroom or clinic floor with a workspace and equipment that is appropriate for the student's required training;

B. utilize an electronic time clock or electronic timekeeping system to accurately record student attendance hours in accordance with part 2110.0680;

C. provide locker space to a student upon the student's request; and

D. ensure that all furniture, fixtures, and equipment in the school have washable finishes or coverings, are clean, and are in good repair.

History

Statutory Authority: MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305; 48 SR 257

Minn. R. 2110.0410 Supplies and Materials

Subpart 1. Basic supplies.

The school must provide the following:

A. a beginning professional kit for each student, containing the implements and the majority of equipment required for the course of training for which the student has enrolled. The cost shall be clearly indicated to the student prior to enrollment, even if it is included in the basic tuition fee;

B. all supplies and materials necessary to perform all clinical services and classroom exercises, at no additional cost to the student; and

C. at least one mannequin with hair for each cosmetology student, and one mannequin without hair for each esthetician student.

Subp. 2. Towels and linens.

A minimum of one dozen clean towels per student on the clinic floor must be maintained in good repair and available to students.

Subp. 3. Instructional materials.

A copy of all textbooks to be used in the course; a copy of this chapter and chapter 2105; a copy of Minnesota Statutes, chapter 155A; and copies of all other necessary instructional materials must be provided to each student. The laws and rules, workbooks, and textbooks become the property of the student. The cost of these materials shall be clearly indicated to the student in the enrollment contract, unless the cost is included in the tuition fee.

Subp. 4.

[Repealed, 41 SR 305]

Subp. 5. Reference materials.

Reference materials must be centrally located and available to all students, including:

A. an American language dictionary;

B. charts for basic anatomy of hair, skin, and nails;

C. trade magazines and publications;

D. a current copy of this chapter, chapter 2105, and Minnesota Statutes, chapter 155A, pertaining to the regulation of the practice of cosmetology; and

E. copies of other related statutes and rules.

History

Statutory Authority: MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305

Minn. R. 2110.0420 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2110.0430 Intoxicants and Controlled Substances

Students and licensees are prohibited from school premises while consuming or under the influence of an intoxicant or controlled substance.

History

Statutory Authority: MS s 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305

Minn. R. 2110.0500 Curriculum Approval and Content

Subpart 1. Curriculum approval.

Cosmetology schools must have a board-approved curriculum divided into daily lesson plans. The curriculum must include theory and practical application of skills, including the instruction in parts 2110.0510 to 2110.0530.

Subp. 2. Field trips and extracurricular activities.

Schools may offer field trips and extracurricular activities related to the course curriculum for industry educational purposes when students are accompanied by instructors, for a maximum of one percent of the total training hours required for cosmetologists, estheticians, or nail technicians. Eyelash technician courses must not include field trips.

Subp. 3. Guest presenters.

Guest presenters may be used by a school when accompanied by the regular course instructor as long as the guest presenters are limited to one percent of the total curriculum time. If the regular course instructor is not in attendance when a guest presenter is present, the limitations of part 2110.0630 apply unless the guest presenter holds an active instructor license. Eyelash technician courses must not use guest presenters.

Subp. 4. Unregulated services.

No more than one percent of the total curriculum time may be dedicated to teaching unregulated services.

History

Statutory Authority: MS s 14.389; 154.22; 154.24; 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81; L 2017 1Sp4 art 2 s 64
History: 11 SR 389; 13 SR 1056; L 2005 c 27 s 9; 30 SR 1248; L 2009 c 78 art 6 s 26; 41 SR 305; 42 SR 589; 43 SR 347

Minn. R. 2110.0505 Instructor Training

A. Instructor training must consist of at least 45 hours of theory training and must address the following topics:

B. A student enrolled in an instructor training program must not serve as an instructor in a cosmetology school.

C. The board approves courses for three years.

History

Statutory Authority: MS s 155A.26; 155A.27; 155A.29; 155A.30
History: 48 SR 257

Minn. R. 2110.0510 Cosmetologist Training

A. Cosmetologist training must consist of at least 1,550 hours of coursework and include the full nail technician course content, the full esthetician course content, and the balance in hair services.

B. The cosmetology course must include instruction in applied science and skills in shampooing, scalp and hair conditioning, hair design and shaping, chemical hair control, hair coloring, hair styling, skin care and facials, makeup, waxing, and manicuring and nail care of 1,130 hours and instruction in related theory and sciences of 420 hours.

C. The first 240 hours of the cosmetology course must consist of preclinical instruction in the theory of sciences of anatomy, dermatology, trichology, manicuring, and chemistry as related to cosmetology; electricity and light; infection control; safety procedures related to the practice of cosmetology; and Minnesota Statutes and rules which pertain to the regulation of the practice of cosmetology; student orientation; and elementary service skills. Elementary service skills must be limited to the observation of an instructor demonstration or student-to-student application of basic services related to cosmetology.

D. The cosmetology course must also include planned clinical instruction and experience in the applied sciences. Each student is required to complete the following minimum number of clinical exercises in column II. Clinical exercises may be performed upon customers in the school clinic, fellow students, models, or mannequins in the classroom.

E. Documentation of the student's completion of the required quotas in each category in item D must be sent to the board with the documentation of successful completion of the entire course of training.

F. There must be instruction in business practices and in the Minnesota laws regulating those practices and labor relations.

History

Statutory Authority: MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; L 2013 c 85 art 5 s 49; L 2015 c 77 art 2 s 87; 41 SR 305

Minn. R. 2110.0520 Esthetician Training

A. Esthetician training must consist of a course of training of at least 600 hours.

B. The first 120 hours must be preclinical instruction in the theory of sciences of anatomy, dermatology, and chemistry as related to skin care; infection control; safety procedures related to the practice of skin care; and Minnesota statutes and rules that pertain to the regulation of the practice of skin care; student orientation; and elementary service skills. Elementary service skills must be limited to the observation of an instructor demonstration, or student-to-student application of basic services related to esthetics.

C. There must be instruction in applied science and skills in the procedures of cosmetic care of the skin, client consultation and skin analysis, applications of facials and makeup, and waxing.

D. There must be planned clinical instruction and experience of 200 hours in the applied sciences.

E. There must be instruction in business practices and in the Minnesota laws regulating those practices and labor relations.

History

Statutory Authority: MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81
History: 11 SR 389; 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; L 2015 c 77 art 2 s 87; 41 SR 305; 43 SR 347

Minn. R. 2110.0525 Advanced Practice Esthetician Training

A. Advanced practice (AP) esthetician training must consist of a board-approved curriculum of 500 hours that includes items B to E. A prerequisite for the training is completion of the esthetician or cosmetologist training in part 2110.0520 at a board-licensed school within the past five years or an active Minnesota license as a cosmetologist or esthetician.

B. Part 2110.0500, subparts 2 and 3, do not apply to AP esthetician curriculums. Up to five percent of the AP esthetician curriculum may be accomplished through field trips, and up to five percent of the AP esthetician curriculum may be provided by guest presenters when accompanied by the instructor. If the regular course instructor is not in attendance when a guest presenter is present, the limitations of part 2110.0630 apply unless the guest presenter holds an active instructor license.

C. A combined esthetician and AP esthetician program approved by the board may be offered to any student and must include both the esthetician training in this part and part 2110.0520. Students who partially complete a combined program under this item are not eligible for an esthetician license unless the partial training received meets the requirements of part 2110.0520.

D. There must be theoretical instruction in the following: advanced cell histology of the skin; lymphatic system; wound healing; skin classification systems; dermatological disorders and terminology; advanced practice skin care treatments; chemistry and biochemistry of product ingredients and modalities; electrical and light energy; client consultation with skin classifications and medical history; infection control; and health and safety.

E. There must be clinical instruction in the following:

History

Statutory Authority: MS s 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81
History: 43 SR 347

Minn. R. 2110.0530 Nail Technician Training

A. Nail technician training consists of a course of training of at least 350 hours.

B. The first 50 hours must be preclinical instruction in the theory of sciences of anatomy, dermatology, and chemistry as related to manicuring; electricity and lights; infection control; safety procedures related to the practice of manicuring; and Minnesota Statutes and rules which pertain to the practice of manicuring; and elementary service skills. Elementary service skills must be limited to the observation of an instructor demonstration, or student-to-student application of basic services related to nail services.

C. There must be instruction on applied science and skills in the cleaning, conditioning, shaping, reinforcing, coloring, and enhancing of nails and in the application and repair of artificial nails.

D. There must be planned clinical instruction and experience of 150 hours in applied sciences and skills.

E. There must be instruction in business practices and in the Minnesota laws regulating those practices and labor relations.

History

Statutory Authority: MS s 45.023; 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 11 SR 389; 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; L 2013 c 85 art 5 s 49; L 2015 c 77 art 2 s 87; 41 SR 305

Minn. R. 2110.0540 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2110.0545 Skills Courses

B. Only a licensed school with current approval to offer a licensure course may offer a skills course in the same licensure field.

C. Each skills course must begin with an initial board-approved skills test. The school must use board-approved scoring of the skills test and a board skills test form.

D. Each licensee or applicant must attend a skills course specific to the licensure field held or sought by the licensee or applicant.

E. Schools must provide attendees with a skills course certificate showing successful completion of the skills test, and must retain records of attendees for five years.

History

Statutory Authority: MS s 14.389; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2017 1Sp4 art 2 s 64
History: 41 SR 305; 42 SR 589; 44 SR 941

Minn. R. 2110.0550 Credit Toward Another License

A. A licensed esthetician, advanced practice esthetician, nail technician, or eyelash technician may receive up to the following credit for training that the esthetician or technician completed toward another license:

B. The applicant's existing license must be current and active at the time that the school gives the credit and at the time that the applicant applies for a subsequent license.

C. A licensed esthetician, an advanced practice esthetician, a nail technician, or an eyelash technician who pursues another license must not complete clinical service exercises or the skills test sections in the subject in which the esthetician or technician is already licensed.

History

Statutory Authority: MS s 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 11 SR 389; 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; L 2013 c 85 art 5 s 49; 41 SR 305; 48 SR 257

Minn. R. 2110.0560 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2110.0570 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2110.0580 Eyelash Technician Training

A. Eyelash technician training must consist of a curriculum of 14 hours, including items B and C.

B. Eyelash technician training must include eight hours of preclinical theoretical instruction in:

C. Eyelash technician training must include six hours of clinical instruction in the practical application of eyelash extensions, including client consultation, design, cleansing the eye area, applying eyelash extensions, and removing eyelash extensions. Clinical instruction must not begin until the student has completed all of the theoretical instruction hours.

D. Part 2110.0500, subparts 2 and 3, do not apply to eyelash technology curriculum, which must not include field trips or guest presenters.

History

Statutory Authority: MS s 14.389; 155A.26; 155A.27; 155A.29; 155A.30; L 2017 1Sp4 art 2 s 64
History: 42 SR 589; 48 SR 257

Minn. R. 2110.0600 Responsibility

The owner and designated school manager (DSM) are responsible for the school at all times, even when not present at the school. The owner and DSM must ensure that the school, instructors, and students in the school are in compliance with all provisions of this chapter, chapter 2105, and Minnesota Statutes, chapter 155A.

History

Statutory Authority: MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305

Minn. R. 2110.0610 School Identification

Each school must be identified as a school of cosmetology or beauty school to ensure that the public may distinguish it from a salon. Identification must consist of signs conspicuously placed on the front of the school and in the reception area of the school clinic. Each school must also have a sign conspicuously posted in its clinic reception area stating, "Cosmetology School. All work performed by students." in letters at least two and one-half inches in height.

History

Statutory Authority: MS s 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305

Minn. R. 2110.0620 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2110.0625 Designated School Manager

A. The school owner must appoint a designated school manager (DSM) and register with the board using forms supplied by the board. The DSM and the school owner are responsible for ensuring that the school, instructors, and students attending courses are in compliance with this chapter and Minnesota Statutes, chapter 155A.

B. A DSM must acknowledge the responsibility of the position in writing to the board.

C. A DSM must not be responsible for more than one school.

D. A school manager who is no longer serving as the DSM must notify the board in writing via email or mail, and is liable under Minnesota Statutes, section 155A.33, for the compliance of the salon and licensees until the written notice is received by the board.

E. The DSM is not required to be present at all times during the school's operation, but remains responsible for compliance under this chapter and Minnesota Statutes, chapter 155A, even when not present at the school.

History

Statutory Authority: MS s 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 41 SR 305

Minn. R. 2110.0630 Instructors

A. A school must maintain a minimum ratio of one instructor per 20 students who are present at the school or participating virtually in synchronous real-time instruction.

B. If a school is not in compliance with this part, the board must not accept student hours accrued during any period of noncompliance. The school must notify the students in writing of the board's decision and provide the board a copy of the required notification to each student that the hours accumulated during the period of noncompliance will not be accepted by the board. When a school uses an unlicensed substitute instructor to satisfy the instructor ratio requirement, the school must notify the board using a form provided by the board within five business days of the incident and provide the board with a copy of the notification that the school sent to students within five business days of using an unlicensed substitute instructor.

C. Any of an instructor's noninstructional duties or responsibilities must occur outside of scheduled classroom or clinic training hours.

D. Instructors are restricted to instruction in the area of their practitioner license and may not instruct in other disciplines.

E. All instructors must wear identification badges at all times stating their name and "Instructor." These badges must be at least two inches by one inch.

History

Statutory Authority: MS s 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81
History: 11 SR 389; 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305; 43 SR 347; 48 SR 257

Minn. R. 2110.0640 Enrollment Contracts

The student or the student's parent or guardian must receive a fully executed copy of the contract at the time the contract is signed.

A. The contract must state the starting date of schooling and anticipated completion date.

B. The contract must include the class schedule of days and hours for the course. The school and a student who has enrolled for additional training after failing the required state licensing tests, and transfer applicants must enter into a contract which specifies the precise nature of theory and clinical experience to be covered during the training course.

C. The contract must identify all conditions that must be met by the student before the school will issue a transcript of the curriculum and hours completed by the student.

History

Statutory Authority: MS s 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 11 SR 389; 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305

Minn. R. 2110.0650 Refund Policy

Subpart 1. Written policy.

Each school must have a definite, written policy on the refund of tuition and fees when students terminate training. The policy must include the following:

A. a complete refund of all money paid if the school rejects the applicant, or if the applicant cancels the enrollment contract, in writing or in person, within three business days of the date the contract was signed by both the student and agent of the school and prior to entering classes. The enrollment contract must include a "Notice of Cancellation", that explains how to cancel the contract;

B. a refund of all money paid except a registration or enrollment processing fee up to 15 percent of the contract price if the applicant cancels the enrollment contract more than three business days after conclusion of the contract but prior to entering classes;

C. if a student has started classes, the school must not withhold more than the following maximum tuition withholding limits:

D. This part does not apply to schools governed by the Minnesota State Colleges and Universities (MnSCU).

Subp. 2. Refund deductions.

Fees for the student kit, textbooks, and workbook may be deducted before application of the percentages in refund computations, if these fees are included in the tuition and if these items become the property of the student. This deduction must be clearly stated in the refund policy contained in the enrollment contract.

History

Statutory Authority: MS s 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305

Minn. R. 2110.0660 Student Regulations

Student regulations must be in writing and a copy given to all students. A copy and any changes must be readily available in the student lounge. All rule changes must be discussed with the student body at least ten days prior to the effective date and each student must be given a copy of any changes.

History

Statutory Authority: MS s 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305

Minn. R. 2110.0670 Student Records

A. All records relating to students must be maintained and up-to-date, in a secure and orderly fashion and must be kept on the school premises. All student records must be legible and available for inspection by a representative of the board during normal business hours of the school or provided to the board at the board's request.

B. The school must maintain complete, accurate, and detailed records of all payments from and financial transactions with students, showing the date, amount, and source of income or disbursement.

C. The school must maintain daily and monthly records of student hours, work progress, examination assessments, and daily clinical experience records for each student enrolled.

D. All student records must be maintained by the school, or a custodian if the school ceases operation, for at least five years from the date of the student's termination or completion of training. In addition, a transcript of the course work of each student must be kept, which must contain the student's name, the date student enrolled, the date of termination of enrollment and the circumstances of termination, the total number of hours completed, and the school owner's or designated school manager's (DSM's) notarized signature verifying the contents of the transcript. When requested by a student or former student, copies of the student records must be provided at the cost of duplication, unless the student has not met school requirements identified in the enrollment contract regarding tuition payments and transcripts.

E. The school must maintain the following reports for each student:

History

Statutory Authority: MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81
History: 11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; L 2013 c 85 art 5 s 49; 41 SR 305; 43 SR 347

Minn. R. 2110.0680 Certification of Student Hours

A. All student hours must be recorded, on a daily and a monthly basis, and accurately identify the actual attendance hours and lunch breaks.

B. Accrued student hours are valid for a maximum of five years. A school may establish an earlier expiration date if included in the school enrollment agreement.

C. The daily record of hours must list the number of hours earned by each student and the nature of training received, designating all clinical experiences; must be signed or confirmed by the instructor who provided or supervised the training; and must be signed or confirmed by the student.

D. The school must complete and maintain a monthly report for each student, summarizing the hours completed for that month, and signed by the school owner or designated school manager (DSM). A copy of the report must be given to the student within five days of the end of each month. Corrections of any errors must be signed by the DSM and student.

E. Except as provided in part 2110.0500, students must receive credit only for hours spent in training for licensed cosmetology services.

F. Students must not receive credit for more than ten hours of training per calendar day.

G. Each student must be given a morning and afternoon break and at least one-half hour for lunch, or one hour for lunch and no breaks.

History

Statutory Authority: MS s 14.388; 154.22; 154.24; 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 13 SR 1056; L 2005 c 27 s 9; 30 SR 1248; L 2009 c 78 art 6 s 26; 38 SR 778; 41 SR 305

Minn. R. 2110.0690 Student Deadline to Become Licensed

A student must be licensed within five years from the date of successful completion of the required training. A student who does not meet this requirement is required to complete a skills course and meet all other requirements for licensure.

History

Statutory Authority: MS s 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 11 SR 389; 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305

Minn. R. 2110.0700 [Repealed, 41 SR 305]

[Repealed, 41 SR 305]

Minn. R. 2110.0705 Transfer Students

Subpart 1. Transfers from another school or state.

Students who have completed a portion of required training at another school or in another state or country may apply as a transfer student to a cosmetology school to complete the required training. Accrued student hours are valid for five years and apply to students who have partially completed a school program in or out of state. The school must include in the student's records documentation of any transfer of credits, and copies of student transcripts and records from the original school. Any records from another country, including records in English, must be evaluated by a board-approved credentialing agency at the student's or school's expense.

Subp. 2. Practitioners from other countries applying as a transfer student for an evaluation.

Individuals who have practiced cosmetology in other countries and who are seeking licensure must obtain a course completion certificate by a licensed cosmetology school as a requirement to become licensed. The applicant may apply as a transfer student and request an evaluation to identify any further training necessary to obtain the course completion certificate.

Subp. 3. Evaluation of transfer students.

A. The method of evaluation must include a review of the student's records, training, and work experience, and must include a skills test. Any records from another country, including records in English, must be evaluated by a board-approved credentialing agency at the student's or school's expense.

B. The evaluation results must identify any specific additional training necessary for the issuance of the course completion certificate, based on the applicable training requirements identified in this chapter and the school's assessment of the student's training and experience.

C. The school must maintain in the student's record the evidence and documentation of the school's evaluation, including the method of evaluation, the dates and location of the student's original training, any testing results, copies of any transcripts or diplomas used in the evaluation, and an explanation of the typical training or apprenticeship required in the country where the student previously practiced.

History

Statutory Authority: MS s 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81
History: 41 SR 305; 43 SR 347; 44 SR 941

Minn. R. 2110.0710 [Repealed, 48 SR 257]

[Repealed, 48 SR 257]

Minn. R. 2110.0720 Display of Licenses

Active licenses of all instructors, the designated school manager, and the school must be conspicuously posted in the reception area.

History

Statutory Authority: MS s 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81
History: 11 SR 389; 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305; 43 SR 347

Minn. R. 2110.0730 Preenrollment Disclosures

The following information must be given to prospective students along with any materials designed to solicit their enrollment: minimum requirements for licensing in the fields in which the school offers instruction, tuition and all fees, the enrollment contract, refund policy, and student regulations. Prior to enrollment, written materials regarding refund policies must be discussed with and acknowledged as being understood by anyone enrolling in a cosmetology school. All written materials used to solicit prospective students must comply with part 2110.0110. Copies of all solicitation materials must be retained by the school for a period of five years from the last date of use.

History

Statutory Authority: MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305

Minn. R. 2110.0740 School Clinics

A. Students and instructors must comply with all infection control requirements in part 2105.0375 and with salon prohibitions in part 2105.0377. Instructors are responsible for ensuring that all students comply with the infection control requirements in part 2105.0375.

B. A new school must not offer clinical services until the minimum preclinical hours required for students has been met.

C. A school must not operate a student clinic at any location other than the school.

D. A sign stating, "All services performed by students," in type at least 2-1/2 inches in height must be conspicuously displayed in each reception area of the school and in each clinic.

E. Instructors must not perform services on any client in the school clinic except to the extent necessary to demonstrate or instruct students. The student must be physically present, observing the instruction or demonstration and must participate in the learning experience by actual performance of the complete service.

F. Students must not perform clinic services until the required hours of preclinical training have been completed.

G. All services performed by students must be supervised by instructors and checked before, during, and after performance.

H. All students are required to wear an identification badge at all times. The badges must be at least two inches by one inch; state the student's name; and state "Student." Badges must be furnished by the school as part of tuition costs.

I. Each student and each instructor must wash hands with soap and hot water before providing or demonstrating any service on a student, mannequin, or client. An alcohol-based hand rub with a minimum of 60 percent alcohol may be used in lieu of hand washing only when the hands are free of lotions, ointments, product, and visible soil. Gloves and hand wipes are not an acceptable substitute for hand washing.

J. A school may charge clients for services performed by students. These prices must be conspicuously posted in the clinic reception area.

History

Statutory Authority: MS s 14.388; 14.389; 45.023; 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2017 1Sp4 art 2 s 64
History: 11 SR 389; 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; L 2013 c 85 art 5 s 49; 38 SR 778; 41 SR 305; 42 SR 589

Minn. R. 2110.0750 Penalties

The board may take action as authorized under Minnesota Statutes, chapter 155A, against any licensee who has violated any law, rule, or order entrusted to the board.

History

Statutory Authority: MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History: 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305

Minn. R. 2110.0820 Request for Waiver

A written request for waiver of specific rule requirements may be granted by the board in cases of hardship or medical necessity.

History

Statutory Authority: MS s 154.45; 155A.05; 155A.26
History: 11 SR 389; 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26