2105.0305 DESIGNATED LICENSED SALON MANAGER

by | Apr 9, 2017 | CHAPTER 2105 Salons

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 both salons.

D.

A DLSM who is no longer serving as the DLSM must notify the board in writing via e-mail or mail, and 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.

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.

Statutory Authority:

MS s 155A.23; 155A.26; 155A.27; 155A.29; 155A.30

History:

41 SR 305

Published Electronically:

September 13, 2016

2105.0322 MAINTAINING SALON LICENSE

by | Apr 9, 2017 | CHAPTER 2105 Salons

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.

The salon must maintain any required workers’ compensation insurance and professional liability coverage as required by Minnesota Statutes, section 155A.29, subdivision 2, for the salon and salon employees. If the salon leases space to any licensee, or contracts for services with a licensee, the salon must ensure that the licensee is covered under the salon’s professional liability insurance or that the licensee maintains current professional liability coverage meeting the salon requirements.

Subp. 5.

Salon premises.

Cosmetology, esthetician, and nail services must not be provided in a place other than a licensed cosmetology salon, esthetician salon, nail salon, cosmetology school, or as otherwise provided by this chapter.

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. The salon must apply for a new salon license and has 60 days after 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.

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 a new DLSM with the board.

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; 41 SR 1087

Published Electronically:

March 20, 2017

2105.0377 SALON PROHIBITIONS

by | Apr 9, 2017 | CHAPTER 2105 Salons

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.

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 12 months of the log at the salon for review by the board.

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 disinfects 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.

Nail salons must not offer esthetician services without an esthetician salon license, and esthetician salons must not offer nail services without a nail salon license. Nail and esthetician salons must not offer services which require a cosmetology salon license.

Statutory Authority:

MS s 155A.23; 155A.26; 155A.27; 155A.29; 155A.30

History:

41 SR 305

Published Electronically:

September 13, 2016

2105.0390 SALON SUPERVISION

by | Apr 9, 2017 | CHAPTER 2105 Salons

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:

(1)

all practitioners, including nonemployees, who perform licensed services in the salon are in compliance with all provisions of this chapter and Minnesota Statutes, chapter 155A; and

(2)

each practitioner in the salon is currently licensed in Minnesota for the services provided by that practitioner to customers.

B.

The salon must designate and register only one person as the DLSM for each salon. This does not preclude a salon from having a business manager or other managers who are not licensed as operators or managers. Salons holding both a nail salon and an esthetician salon license may have a designated licensed salon manager for each license, or a cosmetologist salon manager may serve as the designated licensed salon manager for both licenses.

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:

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

Published Electronically:

September 13, 2016

2105.0410 LICENSED SERVICES NOT OFFERED IN A LICENSED SALON

by | Apr 9, 2017 | CHAPTER 2105 Salons

2105.0410 LICENSED SERVICES NOT OFFERED IN A LICENSED SALON.

Subpart 1.

Nursing homes licensed under Minnesota Statutes, chapter 144A.

This part does not provide any exemption for assisted living residences, senior apartments, or any part of a senior citizen housing facility that is not licensed as a nursing home under Minnesota Statutes, chapter 144A.

A.

A salon in a nursing home is required to be licensed if:

(1)

any cosmetology services are offered to nonresidents of the nursing home; or

(2)

any licensee without a homebound service permit is providing services for compensation.

B.

A salon in a nursing home is not required to be licensed if:

(1)

licensees with homebound service permits provide services only for residents of the nursing home; and

(2)

staff employed by the nursing home provide services to residents of the nursing home, and services are limited to washing hair, setting hair, trimming hair, filing nails, applying and removing nail polish, and makeup applications and services do not include permanents or hair coloring.

Subp. 2.

Special events permits.

A.

Licensees with a current 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:

(1)

cosmetologists may style, reinforce, or extend hair;

(2)

cosmetologists and nail technicians may remove and apply nail polish; and

(3)

cosmetologists and estheticians may remove and apply makeup.

C.

Permits have the following restrictions:

(1)

Permits expire on December 31 of the year in which the permit is issued, but are valid only with a current manager’s license held by the permit holder.

(2)

One permit covers all events registered by the permit holder with the board for the calendar year.

(3)

Each event must be registered online with the board at least 48 hours prior to the start of the event.

(4)

The permit holder must print the special events permit from the online license record and have the printed permit in the permit holder’s possession during each event.

(5)

The permit holder must comply with all infection control requirements and safety requirements in parts 2105.0375 and 2105.0377, and must carry a first aid kit that meets the requirements of part 2105.0370, item A.

(6)

At each special event, the permit holder must provide a sufficient number of brushes, combs, makeup brushes, and other implements equal to the number of persons receiving cosmetology services at the event, so that only disinfected tools and implements are used on each client.

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.

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:

(1)

hold a current Minnesota cosmetologist, nail technician, esthetician, or salon manager license;

(2)

provide a current Certificate of Insurance of professional liability insurance as required under part 2105.0310;

(3)

attest that services will be provided only to individuals residing in a licensed nursing home, or in the residence of a homebound individual, and that the licensee will carry the homebound service permit at all times when providing services for homebound individuals; and

(4)

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

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 current. 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.

Statutory Authority:

MS s 155A.23; 155A.26; 155A.27; 155A.29; 155A.30

History:

41 SR 305

Published Electronically:

September 13, 2016