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Ch 2110.0600-.0800 OPERATIONAL REQUIREMENTS FOR SCHOOLS

2110.0600 RESPONSIBILITY.

The owner and designated school manager (DSM) are responsible for the school at all times, even when not present at the school. The owner and DSM must ensure that the school, instructors, and students in the school are in compliance with all provisions of this chapter, chapter 2105, and Minnesota Statutes, chapter 155A.

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

2110.0610 SCHOOL IDENTIFICATION.

Each school must be identified as a school of cosmetology or beauty school to ensure that the public may distinguish it from a salon. Identification must consist of signs conspicuously placed on the front of the school and in the reception area of the school clinic. Each school must also have a sign conspicuously posted in its clinic reception area stating, “Cosmetology School. All work performed by students.” in letters at least two and one-half inches in height.

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

2110.0625 DESIGNATED SCHOOL MANAGER.

A.

The school owner must appoint a designated school manager (DSM) and register with the board using forms supplied by the board. The DSM and the school owner are responsible for ensuring that the school, instructors, and students attending courses are in compliance with this chapter and Minnesota Statutes, chapter 155A.

B.

A DSM must acknowledge the responsibility of the position in writing to the board.

C.

A DSM must not be responsible for more than one school.

D.

A school manager who is no longer serving as the DSM 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 until the written notice is received by the board.

E.

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

Statutory Authority:

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

History:

41 SR 305

Published Electronically:

September 13, 2016

2110.0630 INSTRUCTORS.

A.

There must be at least two licensed instructors on the school premises whenever students are present; and the school must maintain a minimum ratio of one instructor for each 1 to 20 students present each day. All students must be under the supervision of an instructor at all times when in a classroom or clinic and whenever the student is performing cosmetology services on the school’s premises.

(1)

A school may use unlicensed instructors who hold a salon manager license as substitutes for licensed instructors for no more than 30 full or partial calendar days in 12 consecutive months. Whenever an unlicensed substitute instructor is present, at least one licensed instructor must be on the school premises. When these conditions are met, the substitute instructor is considered an instructor for the instructor quota.

(2)

The DSM must notify the board each day that an unlicensed substitute instructor is present by e-mailing the board with “substitute instructor” in the subject line. The e-mail must contain the substitute’s name, the name of the absent instructor, the dates the substitute will be working, and the name and license number of the supervising instructor, and the number of days in the past 12 months that a substitute has been used.

(3)

The DSM must e-mail the board by the end of the day each day the school fails to meet the required instructor quota, with “instructor quota failure” and the school name in the subject line. The e-mail must contain the names and license numbers of the absent instructors, and the names and license numbers of the instructors present.

B.

If a school is not in compliance with item A, the board must notify the school that it will not accept hours accrued by students during the period of noncompliance. The school must notify the students in writing of the board’s decision and provide the board a copy of the required notification to each student that the hours accumulated during the period of noncompliance will not be accepted by the board.

C.

Instructors must devote the entire instructional time scheduled to training and must not have any additional noninstructional duties or responsibilities during class or clinical time.

D.

Schools must maintain instructor payroll and time records showing hours worked each day for each pay period for three consecutive calendar years.

E.

Esthetician instructors and nail instructors are restricted to instruction in the area of their practitioner license and may not instruct in other disciplines.

F.

All instructors must wear identification badges at all times stating their name and “Instructor.” These badges must be at least two inches by one inch.

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

2110.0640 ENROLLMENT CONTRACTS.

The student or the student’s parent or guardian must receive a fully executed copy of the contract at the time the contract is signed.

A.

The contract must state the starting date of schooling and anticipated completion date.

B.

The contract must include the class schedule of days and hours for the course.

The school and a student who has enrolled for additional training after failing the required state licensing tests, and transfer applicants must enter into a contract which specifies the precise nature of theory and clinical experience to be covered during the training course.

C.

The contract must identify all conditions that must be met by the student before the school will issue a transcript of the curriculum and hours completed by the student.

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

2110.0650 REFUND POLICY.

Subpart 1.

Written policy.

Each school must have a definite, written policy on the refund of tuition and fees when students terminate training. The policy must include the following:

A.

a complete refund of all money paid if the school rejects the applicant, or if the applicant cancels the enrollment contract, in writing or in person, within three business days of the date the contract was signed by both the student and agent of the school and prior to entering classes. The enrollment contract must include a “Notice of Cancellation”, that explains how to cancel the contract;

B.

a refund of all money paid except a registration or enrollment processing fee up to 15 percent of the contract price if the applicant cancels the enrollment contract more than three business days after conclusion of the contract but prior to entering classes;

C.

if a student has started classes, the school must not withhold more than the following maximum tuition withholding limits:

Percentage of Total Program Represented by the Hours of Training Completed Maximum Amount of Total Tuition School Must Receive or Retain
0 to 4.9 percent 20 percent
5 to 9.9 percent 30 percent
10 to 14.9 percent 40 percent
15 to 24.9 percent 45 percent
25 to 49.9 percent 70 percent
Over 50 percent 100 percent

D.

This part does not apply to schools governed by the Minnesota State Colleges and Universities (MnSCU).

Subp. 2.

Refund deductions.

Fees for the student kit, textbooks, and workbook may be deducted before application of the percentages in refund computations, if these fees are included in the tuition and if these items become the property of the student. This deduction must be clearly stated in the refund policy contained in the enrollment contract.

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

2110.0660 STUDENT REGULATIONS.

Student regulations must be in writing and a copy given to all students. A copy and any changes must be readily available in the student lounge. All rule changes must be discussed with the student body at least ten days prior to the effective date and each student must be given a copy of any changes.

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

2110.0670 STUDENT RECORDS.

Student records must be maintained as follows:

A.

All records relating to students must be maintained and up-to-date, in a secure and orderly fashion and must be kept on the school premises. All student records must be legible and available for inspection by a representative of the board during normal business hours of the school or provided to the board at the board’s request.

B.

The school must maintain complete, accurate, and detailed records of all payments from and financial transactions with students, showing the date, amount, and source of income or disbursement.

C.

The school must maintain daily and monthly records of student hours, work progress, examination assessments, and daily clinical experience records for each student enrolled.

D.

All student records must be maintained by the school, or a custodian if the school ceases operation, for at least five years from the date of the student’s termination or completion of training. In addition, a transcript of the course work of each student must be kept, which must contain the student’s name, the date student enrolled, the date of termination of enrollment and the circumstances of termination, the total number of hours completed, and the school owner’s or designated school manager’s (DSM’s) notarized signature verifying the contents of the transcript. When requested by a student or former student, copies of the student records must be provided at the cost of duplication, unless the student has not met school requirements identified in the enrollment contract regarding tuition payments and transcripts.

E.

The school must maintain the following reports for each student:

(1)

a student registration form containing the student’s full legal name, course of training for which enrolled, and start date. The status of the student must be stated as full-time or part-time, day or night classes;

(2)

certification of completion of preclinical courses. Documentation signed by the school owner or DSM must indicate that the student has successfully completed the required hours of preclinical work. A student must not be allowed to perform any portion of a service in the school clinic on a client until this certification has been completed;

(3)

a progress evaluation report. After a student has completed at least one-third of the total required hours and before one-half of the total required hours, the school must give the student a written progress evaluation assessing the student’s progress towards successful fulfillment of the license requirements;

(4)

certification of readiness to take the written examination. Documentation signed by the school owner or DSM must indicate that the student has successfully completed 1,350, 500, and 315 hours, for cosmetologist, esthetician, and nail technician respectively, of preclinical and clinical training, and is prepared to take the written state licensing examinations;

(5)

documentation signed by the school owner or DSM must indicate that the student has successfully completed the course of training, including documentation of the student’s completion of the practical exercises, as required by parts 2110.0510, item D, 2110.0520, item D, subitem (1), and 2110.0530, item D, subitem (1), and documentation of the student’s successful completion of the skills certification review, on a form acceptable to the board; and

(6)

a certification must be written and maintained by the school if a student withdraws, is suspended, or expelled from the student’s course of training. The certification must be signed by the school owner or DSM, and must indicate the last day on which the student was enrolled, the total number of hours the student has successfully completed as of that date, a transcript detailing the nature of those hours, and the reason for the withdrawal, suspension, or revocation. A copy of a student’s termination certification and/or completion of course of training certification must be provided to the student within ten days of the termination from or completion of the cosmetology training, unless the student has not met school requirements identified in the enrollment contract regarding tuition payments and transcripts.

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; 41 SR 305

Published Electronically:

September 13, 2016

2110.0680 CERTIFICATION OF STUDENT HOURS.

A.

All student hours must be recorded, on a daily and a monthly basis, and accurately identify the actual attendance hours and lunch breaks.

B.

Accrued student hours are valid for a maximum of five years. A school may establish an earlier expiration date if included in the school enrollment agreement.

C.

The daily record of hours must list the number of hours earned by each student and the nature of training received, designating all clinical experiences; must be signed or confirmed by the instructor who provided or supervised the training; and must be signed or confirmed by the student.

D.

The school must complete and maintain a monthly report for each student, summarizing the hours completed for that month, and signed by the school owner or designated school manager (DSM). A copy of the report must be given to the student within five days of the end of each month. Corrections of any errors must be signed by the DSM and student.

E.

Except as provided in part 2110.0500, students must receive credit only for hours spent in training for licensed cosmetology services.

F.

Students must not receive credit for more than ten hours of training per calendar day.

G.

Each student must be given a morning and afternoon break and at least one-half hour for lunch, or one hour for lunch and no breaks.

Statutory Authority:

MS s 14.388; 154.22; 154.24; 154.45; 155A.05; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30

History:

13 SR 1056; L 2005 c 27 s 9; 30 SR 1248; L 2009 c 78 art 6 s 26; 38 SR 778; 41 SR 305

Published Electronically:

September 13, 2016

2110.0690 STUDENT DEADLINE TO BECOME LICENSED.

A student must be licensed within five years from the date of successful completion of the required training. A student who does not meet this requirement is required to complete a skills course and meet all other requirements for licensure.

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

2110.0705 TRANSFER STUDENTS.

Subpart 1.

Transfers from another school or state.

Students who have completed a portion of required training at another school or in another state or country may apply as a transfer student to a cosmetology school to complete the required training. The school must include in the student’s records documentation of any transfer of credits, and copies of student transcripts and records from the original school. Any records from another country, including records in English, must be evaluated by a board-approved credentialing agency at the student’s or school’s expense.

Subp. 2.

Practitioners from other countries applying as a transfer student for an evaluation.

Individuals who have practiced cosmetology in other countries and who are seeking licensure must obtain a course completion certificate by a licensed cosmetology school as a requirement to become licensed. The applicant may apply as a transfer student and request an evaluation to identify any further training necessary to obtain the course completion certificate.

A.

The method of evaluation must include a review of the student’s records, training, and work experience, and must include a skills test. Any records from another country, including records in English, must be evaluated by a board-approved credentialing agency at the student’s or school’s expense.

B.

The evaluation results must identify any specific additional training necessary for the issuance of the course completion certificate, based on the training requirements identified in this chapter for cosmetologists, estheticians, and nail technicians and the school’s assessment of the student’s training and experience.

C.

The school must maintain in the student’s record the evidence and documentation of the school’s evaluation, including the method of evaluation, the dates and location of the student’s original training, any testing results, copies of any transcripts or diplomas used in the evaluation, and an explanation of the typical training or apprenticeship required in the country where the student previously practiced.

Statutory Authority:

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

History:

41 SR 305

Published Electronically:

September 13, 2016

2110.0710 FULL COURSE OF INSTRUCTION.

No student shall be enrolled in a school for less than a full course of instruction of not less than 1,550 hours for cosmetologist, 600 hours for esthetician, or 350 hours for a nail technician, except that a licensed individual or a previously licensed individual requesting a refresher course, an applicant who has failed the state examination and requests additional training, a transfer student, a student who has enrolled only to learn unregulated services, and reciprocity applicants who require additional schooling may be enrolled for these purposes.

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; L 2013 c 85 art 5 s 49

Published Electronically:

July 23, 2013

2110.0720 DISPLAY OF LICENSES.

Current licenses of all instructors, the designated school manager, and the school must be conspicuously posted in the reception area.

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

2110.0730 PREENROLLMENT DISCLOSURES.

The following information must be given to prospective students along with any materials designed to solicit their enrollment: minimum requirements for licensing in the fields in which the school offers instruction, tuition and all fees, the enrollment contract, refund policy, and student regulations. Prior to enrollment, written materials regarding refund policies must be discussed with and acknowledged as being understood by anyone enrolling in a cosmetology school. All written materials used to solicit prospective students must comply with part 2110.0110. Copies of all solicitation materials must be retained by the school for a period of five years from the last date of use.

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

2110.0740 SCHOOL CLINICS.

A.

Students and instructors must comply with all infection control requirements in part 2105.0375 and with salon prohibitions in part 2105.0377. Instructors are responsible for ensuring that all students comply with the infection control requirements in part 2105.0375.

B.

A new school must not offer clinical services until the minimum preclinical hours required for students has been met.

C.

A school must not operate a student clinic at any location other than the school.

D.

A sign stating, “All services performed by students,” in type at least 2-1/2 inches in height must be conspicuously displayed in each reception area of the school and in each clinic.

E.

Instructors must not perform services on any client in the school clinic except to the extent necessary to demonstrate or instruct students. The student must be physically present, observing the instruction or demonstration and must participate in the learning experience by actual performance of the complete service.

F.

Students must not perform clinic services until the required hours of preclinical training have been completed.

G.

All services performed by students must be supervised by instructors and checked before, during, and after performance.

H.

All students are required to wear an identification badge at all times. The badges must be at least two inches by one inch; state the student’s name; and state that the student is either a “Cosmetologist Student,” “Esthetician Student,” or “Nail Technician Student.” Badges must be furnished by the school as part of tuition costs.

I.

Each student and each instructor must wash hands with soap and hot water before providing or demonstrating any service on a student, mannequin, or 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, and visible soil. Gloves and hand wipes are not an acceptable substitute for hand washing.

J.

A school may charge clients for services performed by students. These prices must be conspicuously posted in the clinic reception area.

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 2005 c 27 s 9; L 2009 c 78 art 6 s 26; L 2013 c 85 art 5 s 49; 38 SR 778; 41 SR 305

Published Electronically:

September 13, 2016

2110.0750 PENALTIES.

The board may take action as authorized under Minnesota Statutes, chapter 155A, against any licensee 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