UNREGULATED SERVICES, ADVERTISING, AND INSPECTIONS
2110.0010 DEFINITIONS.
Subpart 1.
Scope.
For the purposes of this chapter, the terms defined in this part have the meanings given them, unless their context clearly requires otherwise.
Subp. 2.
Accommodate or to be accommodated.
“Accommodate” or “to be accommodated” means the maximum number of students present on the school premises at any one time and for which the school has the required physical and program resources. In most cases this will be the maximum number of students.
Subp. 3.
[Repealed, 41 SR 305]
Subp. 4.
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. 5.
[Repealed, 41 SR 305]
Subp. 6.
[Repealed, 41 SR 305]
Subp. 7.
Board.
“Board” means the Board of Cosmetologist Examiners.
Subp. 8.
Clean.
“Clean” means free from all soil, dirt, and debris, and washed with soap and water or a cleaning agent, and then rinsed.
Subp. 9.
Clinic.
“Clinic” means the portion of a cosmetology school where cosmetology services performed by students are offered to the public for compensation.
Subp. 10.
[Repealed, 41 SR 305]
Subp. 11.
[Repealed, 41 SR 305]
Subp. 12.
Compensation.
“Compensation” means a monetary or nonmonetary remuneration for services.
Subp. 13.
[Repealed, 41 SR 305]
Subp. 13a.
Disinfect.
“Disinfect” means the use of an antimicrobial pesticide that eliminates harmful bacteria, fungi, and viruses on nonporous surfaces.
Subp. 13b.
Disinfectant.
“Disinfectant” means an antimicrobial pesticide that is registered with the Environmental Protection Agency (EPA) for use in a hospital setting and is a bactericide, virucide, and fungicide.
Subp. 14.
Dispensary.
“Dispensary” means a physical location or area in a salon or school where products, chemicals, and disinfectants are prepared, measured, mixed, portioned, or disposed of, and where tools and implements are cleaned and disinfected.
Subp. 15.
Documentation.
“Documentation” means a signed, notarized statement attesting the truth of the facts stated in it.
Subp. 16.
Evidence.
“Evidence” means written proof.
Subp. 17.
Good repair.
“Good repair” means that an item is clean, with no holes, frayed wires, or tears in coverings, and fully operational for the purpose intended.
Subp. 17a.
Hair braiding.
“Hair braiding” means a natural form of hair manipulation that results in tension on hair strands by beading, braiding, cornrowing, extending, lacing, locking, sewing, twisting, weaving, or wrapping human hair, natural fibers, synthetic fibers, and/or hair extensions into a variety of shapes, patterns, and textures (predominantly by hand and/or by simple braiding devices), and maintenance thereof. Hair braiding includes what is commonly known as “African-style hair braiding” or “natural hair care” but is not limited to any particular cultural, ethnic, racial, or religious forms of hair styles. Hair braiding includes the making of customized wigs from natural hair, natural fibers, synthetic fibers, and/or hair extensions. Hair braiding includes the use of topical agents such as conditioners, gels, moisturizers, oils, pomades, and shampoos. Hair braiding does not involve the use of penetrating chemical hair treatments, chemical hair coloring agents, chemical hair straightening agents, chemical hair joining agents, permanent wave styles, or chemical hair bleaching agents applied to growing human hair.
Subp. 17b.
Hair braiding services.
“Hair braiding services” means offering to perform or performing hair braiding, as defined in subpart 17a, as a service to members of the public for a fee or other consideration.
Subp. 17c.
Hair braider.
“Hair braider” means a person who offers to perform or performs hair braiding or hair braiding services as defined in subparts 17a and 17b.
Subp. 17d.
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. 17e.
Homebound.
“Homebound” means an individual lacks the physical or intellectual capacity for independent transportation, and is unable to travel independently to a licensed salon.
Subp. 18.
Licensed services.
“Licensed services” means those services defined as the practice of cosmetology under Minnesota Statutes, section 155A.23, subdivision 3, 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 17a to 17c.
Subp. 18a.
Operator.
“Operator” means a standard license for a cosmetologist, esthetician, or nail technician license and not an advanced practice or manager license.
Subp. 18b.
Porous material.
“Porous material” means a material that absorbs liquid or allows liquid to penetrate.
Subp. 18c.
Simple braiding devices.
“Simple braiding devices” include clips, combs, curlers, curling irons, hairpins, rollers, scissors, needles, and thread.
Subp. 19.
[Repealed, 41 SR 305]
Subp. 20.
Unregulated service.
“Unregulated service” means those services not defined as the practice of cosmetology under Minnesota Statutes, section 155A.23, subdivision 3, and 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, and permanent makeup; tanning by UV radiation and spray tanning units; injectables; services for theatrical, television, film, fashion, photography, or media productions; media appearances; mortuary services; massage; body wraps when performed by a massage therapist; and hair braiding, hair braiding services, and hair braiders, as defined in subparts 17a to 17c; and threading as defined in Minnesota Statutes, section 155A.23, subdivision 13. Ordinances by local units of government that prohibit hair braiding, hair braiding services, or hair braiders, as defined in subparts 17a to 17c, or regulate any matter relating to licensing, testing, or training of hair braiding, hair braiding services, or hair braiders are preempted by this part.
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
History:
L 1983 c 289 s 114 subd 1; L 1984 c 655 art 1 s 92; 10 SR 474; 11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; 30 SR 1248; L 2009 c 78 art 6 s 26; L 2013 c 85 art 5 s 49; 39 SR 393; 41 SR 305
Published Electronically:
September 13, 2016
2110.0100 UNREGULATED SERVICES.
Subpart 1.
Disclosure.
All unregulated services identified in part 2110.0010, subpart 20, offered within a school clinic shall be clearly identified as “unregulated services” and listed on a sign conspicuously posted in the reception area. The sign shall contain lettering at least one inch high and shall state: “Unregulated services. The following services offered by (school name) are not regulated by the state of Minnesota:
_________________________
_________________________
_________________________”
Subp. 2.
Disclosure of courses.
Each school shall clearly identify those courses and clinical experiences in its curriculum which are not required by the department and which pertain to services not licensed by the state. These courses shall be clearly identified in all recruitment advertising and written material used for the purposes of soliciting prospective students.
Nonrequired courses and unregulated services shall be conspicuously identified in all written material, in type of the same size as the course or service name.
No more than one percent of the total instructional time and clinical experience in unregulated services shall be included in the minimum hours of schooling required for licensure.
Statutory Authority:
MS s 45.023; 154.22; 154.24; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.26; 155A.29; 155A.30; L 2014 c 169 s 4
History:
11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; 30 SR 1248; L 2009 c 78 art 6 s 26; 39 SR 393
Published Electronically:
October 2, 2014
2110.0110 ADVERTISING.
The following provisions govern all advertising relating to the education, licensing, or practice of cosmetology:
A.
All advertising and business signage must state the school name as shown on the school license.
B.
Advertisements must not state or imply favorable consideration by the Board of Cosmetologist Examiners other than to state that the school is licensed by the board.
C.
A school advertisement of cosmetology services must clearly and conspicuously state that all services are performed by students.
D.
Each school must maintain copies of all advertisements for clinic services for three years, available to the board at its request.
Statutory Authority:
MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History:
L 1983 c 289 s 114 subd 1; L 1984 c 655 art 1 s 92; 10 SR 474; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305
Published Electronically:
September 13, 2016
2110.0125 INSPECTIONS.
Subpart 1.
Protocol.
A.
Each school is subject to inspection at any time the board deems it necessary to affirm compliance. All school staff, including the owner, designated school manager (DSM), instructors, and unlicensed support staff must cooperate with the inspection. The school must allow a board inspector to inspect the school on the inspector’s arrival at the school.
B.
Board inspectors must carry board-issued photo identification.
Subp. 2.
Violations and orders to comply.
A.
The board must notify schools with a written inspection report when any violation is found during a board inspection. The school licensee and the DSM must take immediate action to address each violation and within ten business days bring the school and all licensees into compliance with this chapter, chapter 2105, and Minnesota Statutes, chapter 155A.
B.
If an order to comply is issued by the board inspector, the school and the DSM must report to the board via mail or 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 reasons 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 shall grant extensions requested in writing when the health and safety of the students and the public is not at immediate risk, and when the delay is warranted based on the information provided by the school.
Subp. 3.
Posting inspection results.
The board must provide each school with the inspection results and a detailed inspection report on the inspection findings. Within ten business days of the issuance date on the results and report, the school and DSM must conspicuously post the inspection results in the entryway to the school clinic or at the reception desk and place the detailed inspection report in the reception area. The inspection results and inspection report must be visibly available in the reception area of the school for the public’s review. The inspection results must remain posted and the inspection results must remain available in the reception area until replaced by new inspection results and a new detailed inspection report.
Subp. 4.
Inspection penalties and discipline.
A.
Violations of Minnesota Statutes, chapter 155A, and violations of this chapter and chapter 2105, including those listed in item B, cited on a board inspection are subject to:
(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 (3) cited during a board inspection of a school except as provided for in subpart 5. Licensees must pay penalties in full before any license is renewed or issued.
(1)
A school is subject to penalty for violations cited during an inspection for:
(a)
each expired instructor license;
(b)
an expired DSM license;
(c)
an expired school license;
(d)
each current license of an instructor, designated school manager, or school not conspicuously displayed;
(e)
reuse of or failure to dispose of single-use items immediately after use;
(f)
the presence of prohibited razor-type callus shavers, graters, or rasps; or
(g)
refusal or failure to cooperate with an inspection.
(2)
A DSM is subject to penalty for violations cited during a school inspection for:
(a)
each instructor with an expired license;
(b)
an expired DSM license
(c)
an expired school license;
(d)
each current license of an instructor, designated school manager, or school not conspicuously displayed;
(e)
reuse of or failure to dispose of single-use items immediately after use;
(f)
the presence of prohibited razor-type callus shavers, graters, or rasps; or
(g)
the DSM’s refusal or failure to cooperate with an inspection.
(3)
An instructor is subject to penalty for violations cited during a school inspection for:
(a)
an expired instructor’s license;
(b)
the instructor’s current license not conspicuously displayed;
(c)
reuse of or failure to dispose of single-use items immediately after use;
(d)
the presence of prohibited razor-type callus shavers, graters, or rasps; or
(e)
the instructor’s refusal or failure to cooperate with an inspection.
Subp. 5.
Application of inspection penalties.
The maximum total inspection penalties per license per inspection must not exceed:
A.
$3,000 for the school license;
B.
$2,000 for the designated school manager; and
C.
$1,000 for each instructor.
History:
Published Electronically:
September 13, 2016
2110.0190 REINSTATEMENT AFTER SUSPENSION OR REVOCATION.
A school with a license that was suspended or revoked by the board under Minnesota Statutes, chapter 155A, must apply for relicensure as follows:
A.
apply for relicensure on forms provided by the board;
B.
meet the requirements for reinstatement identified in the order revoking or suspending the license, and meet any requirements for renewing a license under this chapter as if the license had not been revoked or suspended but had expired from the date of revocation or suspension; and
C.
pay the fees required of a new applicant in Minnesota Statutes, section 155A.25.
Statutory Authority:
MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30
History:
10 SR 474; 11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305
Published Electronically:
September 13, 2016
2110.0200 TRANSFER OF LICENSE PROHIBITED.
School licenses are not transferable to another school and must be used only by the named licensee at the location listed on the license.
History:
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