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SCHOOLS AND STUDENTS

2110.0310 SCHOOL LICENSURE.

Subpart 1.

Application contents.

An applicant for a cosmetology school must apply on forms supplied by the board, giving the following information:

A.

the school name and the legal name of the school and its owners, and the physical address, telephone number, e-mail address, and Web site;

B.

the names, postal addresses and 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 partnerships, controlling officers of corporations, and the designated school manager;

D.

an active Certificate of Assumed Name from the secretary of state if the school is doing business under a name different than the full legal name of the 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 of at least $150,000 for each policy year for the school, its employees, and students;

H.

current Certificate of Workers’ Compensation Insurance;

I.

documentation of a continuous corporate surety bond as required in Minnesota Statutes, section 155A.30, subdivision 5;

J.

the days of the week and the hours which the school will be open and the school’s projected opening date;

K.

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

L.

the name, license number, and notarized signature of the DSM accepting the responsibilities of the DSM;

M.

a roster of all instructors, including license number, type of license, designation of employment status (full-time or part-time) and days of the week and hours scheduled for instruction;

N.

a diagram of the school drawn to scale, providing the dimensions of the school as a whole and designating the size and location of all entrances and exits, and the location and dimensions of all required areas and facilities;

O.

a complete inventory of facilities and equipment supportive of instructional and clinical operations, as required by this chapter;

P.

a proposed schedule of all courses to be offered in the first year, including start dates and completion dates for each course. If concurrent courses are to be offered, the school must demonstrate it has available classroom and clinical space as well as instructors for each course;

Q.

the maximum number of students the school will be able to accommodate for each course scheduled the first year;

R.

for each course offered:

(1)

the course name and anticipated first offering date;

(2)

a detailed outline of the course, including a daily lesson plan, designating the preclinical and clinical curriculum, and including:

(a)

topics of the units of instruction;

(b)

for each unit, identifying the hours devoted to the unit and designating the hours as theory, preclinic, or clinic hours;

(c)

for each unit, identifying the unit prerequisites necessary for a student to have completed prior to beginning the unit;

(d)

for each unit, identifying the textbook and supplementary instructional resources; and

(e)

an indication of whether or not the school’s instructors will use the instructor’s manual associated with the textbook curriculum;

(3)

textbook and supportive materials; and

(4)

classroom and clinical space to be used;

S.

copies of all financial aid and refund policies;

T.

copies of all student rules, disciplinary policies, and student handbook;

U.

a copy of the standard enrollment contract;

V.

copies of all written material used to solicit prospective students, including but not limited to tuition, refund, and fee schedules, catalogs, brochures, and all recruitment advertisements; and

W.

a current balance sheet, income statement, and pro forma income and cash flow projections for the first three years of operation. The applicant must establish sufficient financial worth to conduct a school and to meet its financial obligations.

Subp. 2.

Payment of fee.

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

Subp. 3.

License cycle.

School licenses are issued for three years, and begin on the issuance date and end three years later on the last day of the issuance month.

Statutory Authority:

MS s 14.388; 45.023; 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30

History:

11 SR 389; 13 SR 1056; L 1993 c 204 s 28; 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

2110.0320 MAINTAINING A SCHOOL LICENSE.

Subpart 1.

Scope.

The requirements of this part apply to all cosmetology schools.

Subp. 2.

[Repealed, 41 SR 305]

Subp. 3.

[Repealed, 41 SR 305]

Subp. 4.

Change of name.

The school owner or school manager must inform the board, in writing, of a name change within 60 days of the effective date of the change, provide legal documentation of the name change, and pay the fees required in Minnesota Statutes, section 155A.25. A license must be issued in the new name for the remaining term of the old license, which must be returned to the board upon receipt of the license in the new name.

Subp. 5.

Change of location.

A school license must not be transferred when the school moves to a new location. The school owner has 30 days after a move to apply for and receive a new school license in accordance with part 2110.0310. If a new license has not been issued by day 31, the school must cease operations until a license is issued.

Subp. 6.

Change of owner.

A school license must not be transferred when the school is sold, including when a corporation owning the school is sold. The new school owner must apply for a school license at least 30 days before the effective date of the change. If a new license has not been issued by day 31, the school must cease operations until a license is issued.

Subp. 7.

Change of business structure.

A school license must not be transferred when the business structure of the owner is changed. The school owner has 60 days after a change in business structure to apply for and receive a new school license according to part 2110.0310. If a new license has not been issued by day 61, the school must cease operations until a license is issued.

Subp. 8.

Change of designated school manager.

Within ten days of the departure or resignation of the designated school manger (DSM), the school owner must:

A.

appoint a licensed instructor or licensed school manager as acting DSM; and

B.

notify the board by e-mail of the last day of the DSM’s employment, and the name and license number of a licensed instructor appointed as the acting school manager. The school has 30 days from the departure to register a new DSM with the board by submitting a DSM change form.

Subp. 9.

Change of instructors.

The DSM must notify the board by e-mail within ten days of the employment start or end date of a change in instructors, citing the instructor’s name, license number, and effective date of the hiring or termination of employment. The school must be in compliance with the requirements of part 2110.0630.

Subp. 10.

Change or addition of courses and curriculum.

A.

A school planning to discontinue any course offering must notify the board via e-mail.

B.

A school planning to add a new course offering or a change to the curriculum for a currently approved course must apply for and receive board approval prior to offering the new or changed course. Application must include:

(1)

the course name and anticipated first offering date; and

(2)

a detailed outline of the course or lesson plan, including:

(a)

topics of the units of instruction;

(b)

for each unit, identifying the hours devoted to the unit and designating the hours as theory, preclinic, or clinic hours;

(c)

for each unit, identifying the unit prerequisites necessary for a student to have completed prior to beginning the unit;

(d)

for each unit, identifying the textbook and supplementary instructional resources; and

(e)

an indication of whether or not the school’s instructors will use the instructor’s manual associated with the textbook curriculum.

Subp. 11.

Change or addition of textbooks.

A school planning to change the textbooks for a course must apply for approval on a form provided by the board prior to implementing a new textbook.

Subp. 12.

Change or remodeling of school physical plant.

The school must report to the board via e-mail any planned changes to the layout or physical structure of the school which require a building permit at least 30 days prior to the change. In the event of emergency repairs to the physical plant, the school must notify the board of any resulting changes within 30 days.

Subp. 13.

Location of training.

A.

Instruction must take place within a licensed school building except as provided in item B and part 2110.0500.

B.

Schools may offer online board-approved theory-based classes. Practice-based classes must not be offered online.

Subp. 14.

License.

A cosmetology school must not operate without a current and conspicuously displayed school license.

Subp. 15.

Insurance.

A school must maintain current professional liability insurance of at least $150,000 for each policy year, must maintain a current Certificate of Workers’ Compensation Insurance, and must maintain a corporate surety bond of $10,000 running to the state.

Subp. 16.

Separation of school from any salon.

Any cosmetology, esthetician, or nail salon must be operated as a separate and distinct business and the salon must be completely separated physically from the school.

Statutory Authority:

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

History:

11 SR 389; 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

2110.0330 SCHOOL LICENSE RENEWAL.

Subpart 1.

Requirements.

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

Subp. 2.

School license expiration and renewal.

A.

School licenses expire on the last day of the month of initial licensure of the year due and each school owner and designated school manager (DSM) is responsible for renewing the school’s license.

B.

The school must submit a complete renewal application at least 30 days prior to the expiration date to ensure that a renewed license is issued before the expiration date. Not receiving a notice of renewal from the board does not constitute a valid excuse for not renewing the license.

Subp. 3.

School continuation of insurance and surety bond.

The school licensee must provide evidence of continued professional liability insurance coverage of at least $150,000 as required by part 2110.0310, subpart 1, item G, and evidence of continued workers’ compensation insurance in compliance with Minnesota Statutes, section 176.182, by providing Certificates of Insurance for both policies, and a current corporate surety bond as specified under part 2110.0310, item I.

Subp. 4.

School licensee roster.

The school licensee must provide a current and complete roster of the DSM and instructional staff, including license numbers and expiration dates, employment status, and days and hours scheduled to work.

Subp. 5.

Course offerings.

The school licensee must provide a list of courses offered and an anticipated course schedule for the next 12 months with the current and projected enrollment listed for each course scheduled. The school licensee must submit a copy of the board’s approval letter for the curriculum with a statement attesting that the curriculum has not changed since the approval date, or submit the items required for new or changed curriculums in part 2110.0320, subpart 10, item B. If concurrent courses are to be offered, the school must demonstrate it has available instructors and classroom and clinical space for each course.

Subp. 6.

Fees.

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

Subp. 7.

Failure to renew before license expiration date.

A.

Late fees required by Minnesota Statutes, section 155A.25, apply if the complete renewal application is received after the expiration date of the license.

B.

If a renewed school license has not been issued by the expiration date, the school is considered delinquent. The school licensee and DSM are subject to inspection fines detailed in part 2110.0125, and penalties as described in Minnesota Statutes, section 155A.22.

C.

If a complete renewal application is not received by the board within 30 days after the license expiration date, the school license is not eligible for renewal, and the school must reapply for a school license as a new applicant.

D.

The board must not accept or recognize student hours earned on or after the 31st day of the school’s license expiration.

History:

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

2110.0360 DUPLICATE LICENSE.

A duplicate school license will be issued only upon the loss or destruction of the initial license. The licensee shall submit to the board an affidavit indicating why a duplicate license is required, and submit the required fee.

Statutory Authority:

MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.08; 155A.09; 155A.26; 155A.29; 155A.30

History:

11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26

Published Electronically:

August 20, 2009

2110.0380 FACILITIES REQUIREMENTS FOR LICENSURE.

In addition to the requirements of part 2110.0310, the requirements contained in parts 2110.0390 to 2110.0600 must be met by the school before a license will be issued. Compliance with these requirements must be confirmed by an inspection by the board. The license must be issued after a satisfactory initial inspection.

History:

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

2110.0390 PHYSICAL REQUIREMENTS.

Subpart 1.

Space.

A.

The school must have a combined clinic and classroom size of at least 25 square feet for each student to be accommodated. Office space, storage areas, break rooms, and restrooms are not clinic or classroom space.

B.

The school classrooms must have chairs and table work space for the maximum number of students scheduled for class at any one time.

C.

The school must have a furnished student break room of at least 120 contiguous square feet.

D.

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

E.

The school, or any part of the school, must not be used for any residential purpose.

Subp. 2.

Walls and ceilings.

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

Subp. 2a.

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 clinic areas where services are provided, unless the school’s most recent application for licensure was prior to January 2017.

Subp. 3.

Electrical requirements.

The school’s electrical infrastructure must comply with safety standards under Minnesota Statutes, section 326B.35. The school’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 in 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.

D.

Each classroom must be clearly lit and shall have at least two electrical outlets. Use of extension cords shall not be an acceptable means of meeting this requirement.

Subp. 3a.

Dispensary.

Each school must have a dispensary area used to mix chemicals, mix disinfecting solutions, disinfect tools and implements, and to store hazardous supplies. The dispensary must have a clean waste receptacle emptied daily.

A.

The dispensary must be equipped with a sink, single-use towels, liquid or foam hand soap, and a work surface area sufficient to disinfect the school’s tools and implements. A shampoo bowl is not an acceptable sink for this purpose.

B.

The school 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 school employee is present whenever hazardous substances are temporarily available to the public.

Subp. 4.

Restrooms.

A.

Each school must have restrooms available in the school, or in an adjacent common area.

B.

Restrooms must have a sink, toilet, liquid or foam soap, single-service towels, and a clean waste receptacle emptied daily.

C.

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

Subp. 5.

Ventilation.

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

Subp. 6.

Safety items.

A.

Each school clinic must have at least one readily accessible fire extinguisher that complies with and is maintained annually according to the State Fire Code requirements. All employees must be instructed in the location and use of the fire extinguisher.

B.

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

C.

Each school clinic must have readily accessible safety data sheets (SDS) for each product used in the clinic containing hazardous substances as identified in Code of Federal Regulations, title 29, section 1910.1200, available to all school personnel at all times.

D.

The school must inform all employees and students of the potential health effects of the hazardous products and chemicals used in the school clinic and the location of the SDS data.

E.

The school must inform all employees and students of the measures each must take to protect themselves from the hazardous products and chemicals, including specific procedures the school has implemented to protect employees and students from exposure. The procedures must include best clinic practices, emergency procedures, and personal protective equipment to be used.

Statutory Authority:

MS s 45.023; 154.45; 154.47; 154.48; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30

History:

11 SR 389; 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

2110.0400 FIXTURES, FURNITURE, EQUIPMENT.

A school must meet the following requirements:

A.

one work station with chair, storage, and mirror for each student assigned to the clinic floor;

B.

at least one standard or hand-held blow hair dryer, clean, in good repair, and operational, for each six work stations;

C.

at least one facial chair, clean and in good repair, for each ten students. This may be a work station chair with a reclining back and attachable headrest;

D.

at least one manicure table, clean and in good repair, for each ten students;

E.

at least one skin care machine or models or diagrams sufficiently detailed to allow instruction in their use and operation;

F.

a time clock or other reliable method of recording time to be used by the students when checking in and out of school and in and out of lunch;

G.

at least one shampoo bowl for each six hair stations. All shampoos must be given in a shampoo bowl that has plumbing that includes hot and cold water;

H.

locker space available for students requesting it; and

I.

all furniture and fixtures in the school clinic must have washable finishes or coverings, be clean, and be in good repair.

History:

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

2110.0410 SUPPLIES AND MATERIALS.

Subpart 1.

Basic supplies.

The school must provide the following:

A.

a beginning professional kit for each student, containing the implements and the majority of equipment required for the course of training for which the student has enrolled. The cost shall be clearly indicated to the student prior to enrollment, even if it is included in the basic tuition fee;

B.

all supplies and materials necessary to perform all clinical services and classroom exercises, at no additional cost to the student; and

C.

at least one mannequin with hair for each cosmetology student, and one mannequin without hair for each esthetician student.

Subp. 2.

Towels and linens.

A minimum of one dozen clean towels per student on the clinic floor must be maintained in good repair and available to students.

Subp. 3.

Instructional materials.

A copy of all textbooks to be used in the course; a copy of this chapter and chapter 2105; a copy of Minnesota Statutes, chapter 155A; and copies of all other necessary instructional materials must be provided to each student. The laws and rules, workbooks, and textbooks become the property of the student. The cost of these materials shall be clearly indicated to the student in the enrollment contract, unless the cost is included in the tuition fee.

Subp. 4.

[Repealed, 41 SR 305]

Subp. 5.

Reference materials.

Reference materials must be centrally located and available to all students, including:

A.

an American language dictionary;

B.

charts for basic anatomy of hair, skin, and nails;

C.

trade magazines and publications;

D.

a current copy of this chapter, chapter 2105, and Minnesota Statutes, chapter 155A, pertaining to the regulation of the practice of cosmetology; and

E.

copies of other related statutes and rules.

History:

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

2110.0430 INTOXICANTS AND CONTROLLED SUBSTANCES.

Students and licensees are prohibited from school premises while consuming or under the influence of an intoxicant or controlled substance.

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