2105.0375 INFECTION CONTROL REQUIREMENTS.

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 for regulated services in or on salon premises are subject to the requirements of this part even if not intended for use in services.

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 made daily and disposed of at the end of the day or 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.

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. 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 disinfected according to subparts 3 and 4.

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. Storage containers must have solid sides and lids and must be cleaned and disinfected with disinfectant wipes or spray weekly and before use if visibly soiled.

B.

Plastic or paper bags or sealed wrapping must not be used to store disinfected items unless the item has been sterilized by an autoclave used under the requirements of part 2105.0377, item E.

C.

Items pulled out for service must not come into contact with contaminated surfaces that have not been disinfected.

D.

Tools, implements, linens, and other nonelectrical items that have been removed from clean storage must be placed in covered and closed containers labeled “used” immediately after the service is completed, or immediately cleaned and disinfected. Storage containers for used items must have solid sides and lids and must be cleaned and disinfected weekly or whenever visibly soiled. Disinfectant wipes or sprays may be used when the container is too large to be submerged in disinfectant.

Subp. 7.

Safety and infection-control practices.

A.

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

B.

A supply of disinfected tools, disinfected 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 properly cleaned and disinfected tools and implements 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 which prevents contamination of the unused supply.

(1)

Disposable or disinfected spatulas or applicators must be used to remove products from containers, and fingers must never be used. Spatulas, applicators, or scoops must not be stored in the container.

(2)

Products removed from containers must not be returned to the containers and must be used or discarded.

(3)

Containers must be wiped clean and the exterior disinfected with a disinfectant wipe at the end of the day.

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 use. When product directions require a patch test, the licensee must (1) offer a patch test, and (2) provide information to the client regarding the risk of potential adverse reactions to the product.

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 nondisinfected 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 placed in a covered container labeled “used” until cleaned and disinfected.

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.

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. 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. Used or soiled towels, linens, and capes must be stored in closed containers labeled “used.” 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 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 removable parts must be removed. All product residue, hair, skin debris, nail dust, and other visible debris must be brushed or wiped off, 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:

(1)

surface;

(2)

stand or hook; or

(3)

closed container, cupboard, or drawer.

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:

(1)

dirty water must be drained and any visible debris removed;

(2)

all removable filter screens, inlet jets, footplates, impeller assemblies, and other parts must be removed and debris eliminated before scrubbing with a disinfected brush and detergent and water;

(3)

the tub basin must be scrubbed with detergent and water, and rinsed with water and drained;

(4)

removable parts must be replaced;

(5)

the basin or tub must be filled with clean water and an EPA-registered, hospital-level disinfectant must be added following the manufacturer’s directions. If the pedicure tub is electrical, the fan or pump must be turned on and the unit operated for the entire contact time; and

(6)

after the contact time is complete, the disinfectant must be drained and the tub rinsed with clean water.

B.

Pedicure tub liners are single-use items under subpart 13 and must be disposed of immediately after use. When disposable tub liners are used, item A does not apply. When tub liners are used, the pedicure tubs must remain in clean and disinfected condition.

C.

Pedicure tubs of all kinds must always be maintained in a clean and disinfected condition, even if the tub is broken or not in service. If the circulating mechanism isn’t working, the screens must be cleaned and the tub surface disinfected.

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; 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 daily with a disinfectant spray or wipe.

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:

(1)

towels must be washed with detergent and bleach and dried using a hot dryer setting;

(2)

practitioners preparing towels for the warmers must first wash their hands or wear gloves; and

(3)

wet towels used in services must be prepared fresh each day. At the end of the day, unused steamed towels must be removed and laundered.

Statutory Authority:

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

History:

41 SR 305

Published Electronically:

September 13, 2016

2105.0215 PROCEDURE FOR RENEWING AN EXPIRED LICENSE.

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 less than three years, a license must be issued for the remainder of the license cycle. 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 a current 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 a current 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.

Statutory Authority:

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

History:

41 SR 305

Published Electronically:

September 13, 2016

2105.0200 LICENSE RENEWAL FOR INDIVIDUALS.

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 one year has 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 CE requirements before applying to renew a license:

A. A cosmetologist, nail technician, esthetician, or salon manager renewing a license before August 1, 2017, 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.

B. A cosmetologist, nail technician, esthetician, advanced practice esthetician, or salon manager renewing a license on or after August 1, 2017, 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:

(1) four hours of core CEs, consisting of one hour pertaining to state cosmetology laws and rules, and three hours related to health, safety, and infection control matters; and

(2) four hours of professional practice CEs, consisting of one or more of the following topics within the licensee’s scope of practice:

(a) product chemistry and chemical interaction;
(b) proper use of machines and instruments;
(c) business management, professional ethics, and human relations; or
(d) techniques relevant to the type of license held by the practitioner.

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. Prior to August 1, 2017, to renew a license, an instructor must complete any combination of board-approved teaching methodology and clinical practice CEs totaling 45 CE hours.

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 on or after August 1, 2017, 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:

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

Published Electronically:

September 13, 2016

2105.0145 APPLICANTS FOR INDIVIDUAL LICENSES.

2105.0145 APPLICANTS FOR INDIVIDUAL LICENSES.

Subpart 1.

Cosmetologists, nail technicians, and estheticians. Applicants for a cosmetologist, nail technician, or esthetician license who have not been licensed in other states must provide the items required in items A to E:

A. a completed application form;

B. a high school diploma, a high school transcript showing graduation, a general educational development certificate, or a recognized equivalent of a high school diploma (RED) as identified in Code of Federal Regulations, title 34, section 600.2;

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

(1) general theory test;

(2) written practical test; and

(3) test on Minnesota laws and rules;

D. proof of completion of training as follows:

(1) graduates of a Minnesota-licensed cosmetology school must submit the original course certificate with the notarized signatures of the school manager or owner documenting the successful completion of the curriculum and the required number of hours of training: 1,550 hours for a cosmetologist; 600 hours for an esthetician; and 350 hours for a nail technician, including any hours transferred from another school within the past three years. If the completed training is more than five years old, a skills course certificate no more than one year old must also be submitted;

(2) a graduate of a training program licensed by another state that is:

(a) equal to the curriculum and minimum hour requirements required of Minnesota-licensed cosmetology schools for a cosmetologist, esthetician, or nail technician program must submit an original notarized transcript or document from a licensed cosmetology school that establishes the completion of the curriculum and required number of hours of training: 1,550 hours for a cosmetologist; 600 hours for an esthetician; and 350 hours for a nail technician, including any hours transferred from another school within the past five years. If the completed training is more than five years old, a skills course certificate from a Minnesota-licensed cosmetology school no more than one year old must also be submitted; and
(b) not equal to the curriculum and minimum hour requirements required of Minnesota-licensed cosmetology schools for a cosmetologist, esthetician, or nail technician program must obtain a course certificate by applying to a Minnesota-licensed cosmetology school as a transfer student under part 2110.0700 and must meet and complete the school’s requirements. The applicant must then submit the original course certificate with the notarized signatures of the school manager or owner, documenting successful completion of the required curriculum and number of hours of training: 1,550 hours for a cosmetologist; 600 hours for an esthetician; and 350 hours for a nail technician. If the completed training is more than five years old, a skills course certificate from a Minnesota-licensed cosmetology school no more than one year old must also be submitted;

(3) an applicant who partially completed a training program licensed by another state, or who completed an unlicensed training program in another state, must obtain a course certificate by applying to a Minnesota-licensed cosmetology school as a transfer student under part 2110.0700 and must meet and complete the school’s requirements. The applicant must then submit the original course certificate with the notarized signatures of the school manager or owner, documenting successful completion of the required curriculum and number of hours of training: 1,550 hours for a cosmetologist; 600 hours for an esthetician; and 350 hours for a nail technician. If the completed training is more than five years old, a skills course certificate from a Minnesota-licensed cosmetology school no more than one year old must also be submitted; or

(4) applicants whose training occurred in other countries must apply under part 2105.0183, subpart 3; and

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

Subp. 2.

Salon managers. An applicant for a salon manager license must:

A. submit a completed application form;

B. hold a current Minnesota cosmetologist, esthetician, or nail technician license;

C. document at least 2,700 work hours of licensed experience in a licensed salon within the three years prior to application;

D. submit original passing test results of the salon manager test no more than one year old; and

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

Subp. 3.

School managers. An applicant for a school manager license must:

A. submit a completed application form;

B. hold a current 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. An applicant for an instructor license must:

A. submit a completed application form;

B. hold a current Minnesota cosmetologist, nail technician, or esthetician license as an operator or manager;

C. document at least 2,700 hours of licensed practice as a cosmetologist, nail technician, or esthetician within the three years prior to application;

D. submit the original course 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.

Statutory Authority:

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

History:

41 SR 305

Published Electronically:

September 13, 2016

2105.0150

[Repealed, 41 SR 305]

Published Electronically:

September 13, 2016

2105.0160

[Repealed, 41 SR 305]

Published Electronically:

September 13, 2016

2105.0180

[Repealed, 41 SR 305]

Published Electronically:

September 13, 2016

2105.0187 SKILLS COURSES.

2105.0187 SKILLS COURSES.

A.

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

(1)

if offered by a licensed cosmetology school, does not require board approval; or

(2)

if offered by a provider who is not a licensed cosmetology school, requires approval under item D.

B.

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

(1)

Attendees who pass the skills test have completed the skills course. The provider must issue a signed and dated skills course certificate to the attendee.

(2)

Attendees who do not pass the initial skills test must complete the provider’s skills course curriculum for each skill test area not passed. The attendee has completed the skills course when the attendee passes the skills test.

C.

Cosmetologists must attend a cosmetologist skills course taught by a cosmetology instructor. Estheticians must attend an esthetician skills course taught by an esthetician or cosmetologist instructor. Nail technicians must attend a skills course taught by a cosmetologist or nail technician instructor.

D.

A skills course not offered by a licensed cosmetology school requires board approval and must be taught by board-licensed instructors. A provider must apply for skills course approval, and for each type of license, the provider must:

(1)

provide the skills course curriculum for each skills practical test exercise;

(2)

provide copies of any course study materials, handouts, and instructions to participants;

(3)

list the name, license type, license expiration date, and license number of each instructor, and the date the instructor completed the required training on administering the skills test; and

(4)

identify the proposed skills course location and demonstrate the availability of the equipment available at that location for the course and for each skills practical test exercise.

E.

Course approval for the skills course is valid for a maximum of one calendar year and expires on December 31 of the year approval was granted.

F.

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

G.

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.

Statutory Authority:

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

History:

41 SR 305

Published Electronically:

September 13, 2016

2105.0186 CONTINUING EDUCATION (CE) PROVIDERS.

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 Web site.

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:

(1)

product chemistry and chemical interaction;

(2)

proper use of machines and instruments;

(3)

business management, professional ethics, and human relations; or

(4)

techniques relevant to the type of license held.

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.

(1)

A salon must offer the professional practice CEs as approved in-person classes. A salon must apply for approval of the professional practice curriculum in writing on forms supplied by the board, and must submit the lesson plan and course objectives; qualifications of the presenters and course developers; and payment of the fees required by Minnesota Statutes, section 155A.25, if the salon has not paid the provider approval fee in the current calendar year.

(2)

A cosmetology school and a board-recognized professional association may offer the professional practice CEs in person or online and must apply for approval of the professional practice curriculum in writing on forms supplied by the board and submit the lesson plan and course 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.

(3)

A professional association must apply for board recognition in writing on forms supplied by the board. Board recognition is valid for one calendar year and expires on December 31 of the year recognition was granted.

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 Web site.

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 Web site.

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.

Statutory Authority:

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

History:

41 SR 305

Published Electronically:

September 13, 2016