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UNREGULATED SERVICES, ADVERTISING, AND INSPECTIONS

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. 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. 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[Repealed, 41 SR 305]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.

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.

Subp. 8.

[Repealed, 41 SR 305]

Subp. 9.

[Repealed, 41 SR 305]

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.

Hair braider.

“Hair braider” means a person who offers to perform or performs hair braiding or hair braiding services as defined in subparts 10b and 10c.

Subp. 10b.

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. 10c.

Hair braiding services.

“Hair braiding services” means offering to perform or performing hair braiding, as defined in subpart 10b, as a service to members of the public for a fee or other consideration.

Subp. 10c.

[Renumbered subp 10a]

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, and includes services provided by cosmetologists, estheticians, and nail technicians. The definition of “cosmetology” in Minnesota Statutes, section 155A.23, subdivision 3, must be construed to not prohibit or regulate hair braiding, hair braiding services, and hair braiders, as defined in subparts 10a to 10c.

Subp. 11a.

Microdermabrasion.

“Microdermabrasion” means a cosmetic procedure using mechanical or manual means of light abrasion on the skin.

Subp. 11b.

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. 11c.

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. 11d.

Operator.

“Operator” means a standard license for a cosmetologist, esthetician, or nail technician and not an advanced practice license or manager license.

Subp. 11e.

Physical location.

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

Subp. 11f.

Porous material.

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

Subp. 11g.

Simple braiding devices.

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

Subp. 11h.

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. 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.

“Unregulated service” means those services not defined as the practice of cosmetology under Minnesota Statutes, section 155A.23, subdivision 3, and which 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 or media appearances; mortuary services; massage; body wraps when performed by a massage therapist; and hair braiding, hair braiding services, and hair braiders, as defined in subparts 10a to 10c; 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 10a to 10c, or regulate any matter relating to licensing, testing, or training of hair braiding, hair braiding services, or hair braiders are preempted by this part.

Subp. 14.

Work area.

“Work area” means a space where cosmetology, esthetician, or nail 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.

Statutory Authority:

MS s 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

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

Published Electronically:

March 20, 2017

2105.0100

[Repealed, 41 SR 305]

Published Electronically:

September 13, 2016

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 esthetic services in subpart 2 and all nail services in subpart 3. 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 personal 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:

A.

cleansing, stimulating, exfoliating, or massaging a person’s scalp, face, neck, arms, legs, or trunk by hand or by using a device, apparatus, or appliance, 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, makeup, or appliance;

C.

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

D.

application of makeup or airbrush makeup, extractions, microdermabrasion, chemical peels, eyelash and eyebrow tinting, eyebrow shaping and trimming, eyelash and eyebrow enhancements, waxing, sugaring, facials, and body wraps; and

E.

other personal services for the cosmetic care of the skin.

Subp. 3.

Nail technician services.

The practice of nail technology is the cosmetic care of the hands, feet, and nails. 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 personal services for 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.

Statutory Authority:

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

History:

41 SR 305

Published Electronically:

September 13, 2016

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 the full name as shown on the individual’s 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).”

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

Published Electronically:

September 13, 2016

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 e-mail, within ten business days of the order’s issuance, using a form provided by the board. The report must:

(1)

explain how each violation was corrected and the date of correction; and

(2)

for each violation that was not immediately corrected or not corrected within ten days, provide a written explanation of the reason for the delay, the specific steps the licensee will take to correct the violation, and the projected date the outstanding violation will be corrected. The board must grant an extension if requested in writing when the health and safety of the public is not at immediate risk, and when the delay is warranted based on the information provided by the salon or permit holder.

Subp. 3.

Posting inspection results.

The board must provide each salon 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 salon must conspicuously post the inspection results in the entryway or at the reception desk of the salon, and place the detailed inspection report in the reception area so that the public may review the results. The inspection results must remain posted and the detailed inspection report must remain available in the reception area or entryway until replaced by new inspection results and a new detailed inspection report. Permit holders under part 2105.0410 are not subject to the posting requirements in this subdivision.

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:

(1)

application of penalties prescribed in Minnesota Statutes, section 155A.25; and

(2)

disciplinary action as identified in Minnesota Statutes, section 155A.33.

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.

(1)

A salon is subject to penalty for violations cited during a salon inspection for:

(a)

each expired practitioner’s license;

(b)

each expired salon license;

(c)

each current license of a practitioner or salon not conspicuously displayed;

(d)

esthetician or cosmetology services performed or offered in a nail salon;

(e)

cosmetology or nail services performed or offered in an esthetician salon;

(f)

reuse of or failure to dispose of single-use items immediately after use;

(g)

the presence of prohibited callus shavers, graters, or rasps; and

(h)

refusal or failure to cooperate with an inspection.

(2)

A DLSM is subject to penalty for violations cited during inspection for:

(a)

each expired practitioner’s license, including the DLSM;

(b)

each expired salon license;

(c)

each current license of a practitioner or salon not conspicuously displayed;

(d)

esthetician or cosmetology services performed or offered in a nail salon;

(e)

cosmetology or nail services performed or offered in an esthetician salon;

(f)

reuse of or failure to dispose of single-use items immediately after use;

(g)

the presence of prohibited callus shavers, graters, or rasps; and

(h)

the DLSM’s refusal or failure to cooperate with an inspection.

(3)

An individual practitioner is subject to penalty for violations cited during a salon inspection for:

(a)

the practitioner’s expired license;

(b)

the practitioner’s current license not conspicuously displayed, if a current license is held;

(c)

esthetician or cosmetology services performed or offered in a nail salon;

(d)

cosmetology or nail services performed or offered in an esthetician salon;

(e)

reuse of or failure to dispose of single-use items immediately after use;

(f)

the presence of prohibited callus shavers, graters, or rasps; and

(g)

the practitioner’s refusal or failure to cooperate with an inspection.

(4)

A permit holder under part 2105.0410 is subject to violations cited during a permit inspection for:

(a)

the practitioner’s expired license;

(b)

the practitioner’s refusal or failure to cooperate with an inspection; and

(c)

reuse of or failure to dispose of single-use items immediately after use.

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.

Statutory Authority:

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

History:

41 SR 305

Published Electronically:

September 13, 2016

2105.0120

[Repealed, 41 SR 305]

Published Electronically:

September 13, 2016

2105.0130

[Repealed, 41 SR 305]

Published Electronically:

September 13, 2016

2105.0140

[Repealed, 41 SR 305]

Published Electronically:

September 13, 2016

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

2105.0183 TRANSFER OF LICENSES FROM OTHER STATES OR COUNTRIES.

Subpart 1.

Applicants with required training who are licensed in another state.

Applicants for a cosmetologist, nail technician, or esthetician operator license who have completed 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, and are licensed in another state 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 current and active, an original board-approved skills course certificate no more than one year old;

D.

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

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 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 of the Minnesota state laws and rules test no more than one year old; and

H.

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, nail technician, or esthetician operator license who have not completed 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, and who are licensed in another state must provide the following:

A.

a completed application form;

B.

evidence of a current active license for at least three years in another state, or an original course 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 current and active, the applicant must provide an original board-approved skills course certificate no more than one year old;

E.

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

F.

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;

G.

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;

H.

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

I.

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, nail technician, or esthetician operator license whose training was outside the United States and have not been licensed by another state 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:

(1)

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

(2)

original passing test results of a board-approved general theory test no more than one year old;

(3)

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

(4)

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

(5)

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

Subp. 4.

Applicants with an instructor license from another state.

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

A.

a completed application form;

B.

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

C.

documentation of at least 2,700 hours of licensed practice as a cosmetologist, esthetician, nail technician, 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 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 a current 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 a current 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 a current 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. 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.

Statutory Authority:

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

History:

41 SR 305

Published Electronically:

September 13, 2016

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, nail 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:

(1)

an active duty military member;

(2)

the spouse of an active duty military member; or

(3)

a veteran with an honorable or general discharge who left service in the two years preceding the application date;

C.

a copy of a current valid license without a history of discipline for a cosmetologist, esthetician, nail 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.

Statutory Authority:

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

History:

41 SR 305

Published Electronically:

September 13, 2016

2105.0185

[Repealed, 41 SR 305]

Published Electronically:

September 13, 2016

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

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

2105.0190 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 a current license, and the licensee must continuously comply with all applicable provisions of Minnesota Statutes and rules.

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 e-mail address to receive general e-mail 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 a 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 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 Web site showing a current license may be used to meet the posting requirements for a maximum of 30 days beginning on the license issuance date.

D.

Names or licenses posted must provide the public with a full, unobstructed view of the license or name.

Subp. 5.

[Repealed, 41 SR 305]

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

Published Electronically:

September 13, 2016

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

2105.0205 RETIRED LICENSE.

A licensee with a current 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 current 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 a current 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 is current and has not expired, no new renewal fee is required.

C.

The board must issue a retired license to all current inactive licensees no later than July 1, 2018.

Statutory Authority:

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

History:

41 SR 305

Published Electronically:

September 13, 2016

2105.0210

[Repealed, 41 SR 305]

Published Electronically:

September 13, 2016

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

2105.0220 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:

(1)

apply for relicensure on forms provided by the board;

(2)

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

(3)

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

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:

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

Published Electronically:

September 13, 2016

2105.0230 TRANSFER OF LICENSE PROHIBITED.

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

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

Published Electronically:

September 13, 2016

COSMETOLOGY, ESTHETICIAN, AND NAIL SALONS

2105.0300

[Repealed, 41 SR 305]

Published Electronically:

September 13, 2016