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Chapter 2105 COSMETOLOGY, ESTHETICIAN, AND NAIL SALONS

2105.0305 DESIGNATED LICENSED SALON MANAGER.

A.

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

B.

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

C.

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

D.

A DLSM who is no longer serving as the DLSM must notify the board in writing via e-mail or mail, and is liable under Minnesota Statutes, section 155A.33, for the compliance of the salon and licensees in the absence of any written notice of the change to the board.

E.

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

F.

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

Statutory Authority:

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

History:

41 SR 305

Published Electronically:

September 13, 2016

2105.0310 SALON LICENSURE APPLICATION.

Subpart 1.

All salon licenses.

The requirements of parts 2105.0310, 2105.0360, 2105.0370, and 2105.0410 must be met by all applicants proposing to establish a salon. A salon license is required for each physical location. A licensed salon business may not share any physical space with another licensed salon business except for restrooms, and may not be located inside the perimeter of another licensed salon.

Subp. 1a.

Types of salon licenses.

The services a salon may offer are determined by the type of salon license held. Cosmetology salons may offer cosmetology services, esthetic services, and nail services. Nail salons must offer only nail services. Esthetician salons must offer only esthetician services. A single salon may hold both a nail salon license and an esthetician salon license.

Subp. 2.

Application.

An applicant for a cosmetology, esthetician, or nail salon must apply on forms supplied by the board, giving the following information:

A.

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

B.

the names, postal addresses, e-mail addresses, and telephone numbers of all owners of sole proprietorships or partnerships and controlling officers of corporations;

C.

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

D.

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

E.

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

F.

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

G.

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

H.

current Certificate of Workers’ Compensation Insurance, unless the salon is not required to provide insurance coverage under the Minnesota Workers’ Compensation Act;

I.

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

J.

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

K.

the name, license number, and notarized signature of the DLSM accepting the responsibilities of the DLSM.

History:

10 SR 474; 11 SR 389; 13 SR 1056; L 1993 c 204 s 28; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 38 SR 778; 41 SR 305

Published Electronically:

September 13, 2016

2105.0320

[Repealed, 41 SR 305]

Published Electronically:

September 13, 2016

2105.0322 MAINTAINING SALON LICENSE.

Subpart 1.

Scope.

The requirements in this part apply to all salon licensees.

Subp. 2.

Unlicensed persons.

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

Subp. 3.

Compliance.

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

Subp. 4.

Maintain insurance.

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

Subp. 5.

Salon premises.

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

Subp. 6.

Change of location.

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

Subp. 7.

Change of name.

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

A.

submit a salon name change form to the board;

B.

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

C.

provide a certificate of insurance showing the salon’s new name for professional liability insurance;

D.

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

E.

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

Subp. 8.

Change of owner.

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

Subp. 9.

Change of business structure.

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

Subp. 10.

Change of DLSM.

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

Statutory Authority:

MS s 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81

History:

41 SR 305; 41 SR 1087

Published Electronically:

March 20, 2017

2105.0330 SALON LICENSE RENEWAL.

Subpart 1.

Requirements.

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

Subp. 2.

Salon license expiration.

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

Subp. 3.

Fee.

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

Subp. 4.

Identity of owner.

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

Subp. 5.

DLSM.

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

Subp. 6.

Professional liability and workers’ compensation insurance.

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

Subp. 7.

Failure to renew before salon license expiration date.

A.

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

B.

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

C.

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

D.

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

History:

10 SR 474; 11 SR 389; 13 SR 1056; L 1993 c 204 s 28; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 35 SR 801; 38 SR 778; 41 SR 305

Published Electronically:

September 13, 2016

2105.0340

[Repealed, 41 SR 305]

Published Electronically:

September 13, 2016

2105.0350

[Repealed, 41 SR 305]

Published Electronically:

September 13, 2016

2105.0360 SALON PHYSICAL REQUIREMENTS.

Subpart 1.

Display of salon name.

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

Subp. 1a.

Space.

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

Subp. 2.

[Repealed, 41 SR 305]

Subp. 3.

Walls and ceilings.

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

Subp. 4.

Floors.

All floors must be kept clean and free from hair, nails, skin, wax, liquids, and other debris at all times and be in good repair, free from crevices, cracks, holes, or tears which could collect dirt or debris.

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

Subp. 5.

Electricity.

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

A.

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

B.

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

C.

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

Subp. 5a.

Dispensary.

Each salon must have a dispensary area used to mix chemicals, mix disinfecting solutions, disinfect tools and implements, and store hazardous supplies. Each dispensary must have a clean waste receptacle emptied daily. A dispensary must not be located in a restroom.

A.

The dispensary must be equipped with a sink, single-service paper or cloth towels, liquid or foam hand soap, and a work surface area sufficient to disinfect the salon’s tools and implements. A shampoo bowl is not an acceptable sink for this purpose unless there is only one practitioner and one hair station in the salon.

B.

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

Subp. 6.

Sinks in work areas.

A.

Each work area must have at least one hand-washing sink.

B.

Each hand-washing sink must have hot and cold running potable water plumbed in; be equipped with liquid or foam soap and single-service paper or cloth towels; and have a waste receptacle or hamper for soiled towels.

C.

A shampoo bowl may not serve as a hand-washing sink unless liquid hand soap, single-service towels, and a waste receptacle or closed hamper are located at the shampoo bowl. A pedicure tub must not serve as a hand-washing sink.

Subp. 6a.

Restrooms.

A.

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

B.

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

C.

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

D.

Restrooms must be maintained in a clean condition.

Subp. 7.

Ventilation.

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

Subp. 8.

Furniture and fixtures.

A.

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

B.

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

C.

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

Statutory Authority:

MS s 14.388; 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30

History:

10 SR 474; 11 SR 389; 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 38 SR 778; 41 SR 305

Published Electronically:

September 13, 2016

2105.0370 SALON OPERATIONAL REQUIREMENTS.

A salon must continuously meet the following minimum operational requirements.

A.

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

B.

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

(1)

make paper or electronic safety data sheets for each product used in the salon containing hazardous chemicals as identified in Code of Federal Regulations, title 29, section 1910.1200, available to all salon personnel and all licensees in the salon at all times;

(2)

inform all licensees practicing in the salon of the potential health effects of the hazardous products and chemicals; and

(3)

inform all licensees practicing in the salon of the measures licensees must take to protect themselves from these hazards, including specific procedures the salon has implemented to protect practitioners from exposure to hazardous products. The procedures must include best work practices, spill cleanup, emergency procedures, and personal protective equipment to be used.

C.

The current salon license showing the current DLSM must be conspicuously posted facing the public side of the reception area providing the public a full, unobstructed view of the license.

D.

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

E.

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

F.

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

History:

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

2105.0375 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

2105.0377 SALON PROHIBITIONS.

A.

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

B.

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

C.

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

D.

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

E.

Autoclaves and autoclave packaging of tools are prohibited unless regular spore tests are performed by a contracted laboratory at least once per month but not more than 30 days between tests. If a positive spore test is received, the autoclave must not be used until a negative spore result is received. The salon must maintain a log of each use, all testing samples and results, and a maintenance log of all maintenance performed according to the manufacturer’s directions. The salon must retain the most recent 12 months of the log at the salon for review by the board.

F.

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

G.

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

H.

Salons must not store a customer’s tools or implements.

I.

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

Statutory Authority:

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

History:

41 SR 305

Published Electronically:

September 13, 2016

2105.0380

[Repealed, 41 SR 305]

Published Electronically:

September 13, 2016

2105.0390 SALON SUPERVISION.

A.

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

(1)

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

(2)

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

B.

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

C.

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

D.

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

History:

11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; L 2013 c 85 art 5 s 49; 38 SR 778; L 2015 c 77 art 2 s 87; 41 SR 305

Published Electronically:

September 13, 2016

2105.0393 SALONS LOCATED IN PRIVATE RESIDENCES.

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

A.

The salon must meet the requirements of this chapter.

B.

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

C.

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

D.

All cosmetology services must be provided in the salon space.

E.

Laundry tubs must not be used as shampoo bowls.

F.

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

Statutory Authority:

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

History:

41 SR 305

Published Electronically:

September 13, 2016

2105.0395 MOBILE SALONS.

Subpart 1.

Mobile salons.

A salon located in a mobile vehicle or mobile structure must be licensed as a mobile salon. The board must issue mobile salon licenses for mobile cosmetology salons, mobile esthetician salons, mobile advanced practice esthetic salons, and mobile nail technology salons. Mobile salons are subject to the following provisions:

A.

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

B.

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

C.

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

D.

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

E.

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

Subp. 2.

Mobile salon license application.

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

A.

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

B.

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

C.

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

D.

a permanent address at which board correspondence may be received;

E.

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

F.

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

Subp. 3.

Water and wastewater requirements for mobile salons.

A.

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

B.

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

C.

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

D.

A mobile salon must not operate when:

(1)

the available potable water supply is at ten percent or less capacity;

(2)

the available potable water supply is insufficient to comply with infection control requirements in this chapter; or

(3)

a tank for wastewater, black water, or gray water is at 90 percent or greater capacity.

E.

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

F.

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

G.

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

Subp. 4.

Electrical and power requirements for mobile salons.

A.

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

B.

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

C.

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

D.

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

E.

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

Subp. 5.

Safety and infection control requirements.

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

A.

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

B.

Carpeting is permitted only within driving or cab areas.

C.

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

D.

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

E.

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

Subp. 6.

Location and times of operation.

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

Subp. 7.

Compliance with local government law.

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

Subp. 8.

Penalties for violating local government law.

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

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

Statutory Authority:

MS s 155A.26; L 2015 c 77 art 2 s 81

History:

41 SR 1087

Published Electronically:

March 20, 2017

2105.0397 SUITE-STYLE SALONS.

Subpart 1.

Suite-style salons.

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

Subp. 2.

Compliance in suite-style salons.

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

Subp. 3.

Salon license posting requirements in suite-style salon.

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

Subp. 4.

Practitioner license posting requirements in suite-style salon.

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

Subp. 5.

Inspection result posting requirements in suite-style salon.

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

Subp. 6.

Safety data sheets in suite-style salon.

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

Subp. 7.

Suite signage and advertising.

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

Statutory Authority:

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

History:

41 SR 305

Published Electronically:

September 13, 2016

2105.0400

[Repealed, 41 SR 305]

Published Electronically:

September 13, 2016

2105.0410 LICENSED SERVICES NOT OFFERED IN A LICENSED SALON.

Subpart 1.

Nursing homes licensed under Minnesota Statutes, chapter 144A.

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

A.

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

(1)

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

(2)

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

B.

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

(1)

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

(2)

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

Subp. 2.

Special events permits.

A.

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

B.

The permit holder may only provide the following services:

(1)

cosmetologists may style, reinforce, or extend hair;

(2)

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

(3)

cosmetologists and estheticians may remove and apply makeup.

C.

Permits have the following restrictions:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

D.

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

Subp. 3.

Homebound permit.

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

A.

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

(1)

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

(2)

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

(3)

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

(4)

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

B.

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

C.

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

D.

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

E.

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

F.

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

Statutory Authority:

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

History:

41 SR 305

Published Electronically:

September 13, 2016

2105.0420 SPECIAL EVENT PERMITS.

A special event permit holder must not use the permit to provide regulated services in a mobile vehicle or mobile structure that is owned or operated by the permit holder or a board licensee unless the mobile vehicle or mobile structure is licensed as a mobile salon under part 2105.0410. A licensed mobile salon does not require a special event permit for services offered in the mobile salon.

Statutory Authority:

MS s 155A.26; L 2015 c 77 art 2 s 81

History:

41 SR 1087

Published Electronically:

March 20, 2017

2105.0450

[Repealed, 41 SR 305]

Published Electronically:

September 13, 2016

2105.0510 INTOXICANTS AND CONTROLLED SUBSTANCES.

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

History:

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

2105.0520 LICENSE CYCLE.

A.

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

B.

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

Statutory Authority:

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

History:

41 SR 305

Published Electronically:

September 13, 2016

2105.0600

[Repealed, 41 SR 305]

Published Electronically:

September 13, 2016

2105.0610

[Repealed, 41 SR 305]

Published Electronically:

September 13, 2016

2105.0650 PENALTIES.

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

History:

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

WAIVERS

2105.0820 REQUEST FOR WAIVER.

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

Statutory Authority:

MS s 154.45; 155A.05; 155A.26

History:

11 SR 389; 13 SR 1056; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26

Published Electronically:

October 2, 2013