1.1 Board of Cosmetology - Minnesota AP Esthetic Rules Draft with... · 2.19 Subp. 11d.Nursing home."Nursing home" means a facility that is licensed under ... 4.2 embroidery; eyebrow

1.1 Board of Cosmetology

1.2 Adopted Permanent Rules Relating to Licensing Advanced Estheticians

1.3 2105.0010 DEFINITIONS.

1.4 [For text of subp 1, see M.R.]

1.5 Subp. 1a. Active license. "Active license" means a current license that has not expired

1.6 and is not retired.

1.7 Subp. 1b. Advanced exfoliation. "Advanced exfoliation" means a cosmetic procedure

1.8 removing skin cells throughout to partially or completely remove the epidermis through

1.9 manual, mechanical, or chemical means.

1.10 Subp. 1c. Advanced extraction. "Advanced extraction" means an extraction performed

1.11 using lancets or needles.


1.13 Subp. 2a. Autoclave. "Autoclave" means a device registered and listed with the Food

1.14 and Drug Administration used to sterilize tools, equipment, and supplies by subjecting them

1.15 to high pressure saturated steam.

1.16 Subp. 2b. Basic exfoliation. "Basic exfoliation" means the removal of dead skin cells

1.17 in the stratum corneum layer of the epidermis through manual or chemical means.

1.18 Subp. 2c. Basic extraction. "Basic extraction" means extractions performed using

1.19 gloved fingers, cotton swabs, or comedone extractors.

1.20 [For text of subp subps 3 to 6, see M.R.]

1.21 Subp. 7. Dispensary. "Dispensary" means a physical location or area in a salon or

1.22 school where products, chemicals, and disinfectants are prepared, measured, mixed,

1.23 portioned, or disposed of, and where tools and implements are cleaned and disinfected or

1.24 sterilized.

12105.0010

REVISOR SS/JU AR434212/15/17

2.1 [For text of subps 4 to subp 8, see M.R.]

2.2 Subp. 8a. Electrical energy treatments. "Electrical energy treatments" means

2.3 advanced practice esthetic services for the personal cosmetic care of the skin epidermis that

2.4 use various forms of light or electrical energy including light, direct current, indirect current,

2.5 and sound.


2.7 Subp. 9a. Extraction. "Extraction" means the cosmetic technique of removing

2.8 impactions and comedones from follicles.

2.9 [For text of subps 9 10 to 11, see M.R.]

2.10 Subp. 11a. Lymphatic drainage. "Lymphatic drainage" means a cosmetic procedure

2.11 using a light rhythmic pressure applied by manual or other means to the skin using specific

2.12 lymphatic maneuvers manipulations to promote drainage of the lymphatic fluid through the

2.13 tissue.

2.14 Subp. 11b. Microdermabrasion. "Microdermabrasion" means a cosmetic procedure

2.15 using mechanical or manual means of light abrasion on the epidermal layer of the skin.

2.16 Subp. 11c. Mobile structure. "Mobile structure" means a trailer or other enclosed

2.17 space towed by a vehicle. A mobile structure does not include a manufactured home as

2.18 defined in Minnesota Statutes, section 327.31, subdivision 6.

2.19 Subp. 11d. Nursing home. "Nursing home" means a facility that is licensed under

2.20 Minnesota Statutes, chapter 144A, and does not include any attached or adjacent facilities

2.21 that are not licensed as a nursing home under Minnesota Statutes, chapter 144A.

2.22 Subp. 11e. Operator. "Operator" means a standard license for a cosmetologist,

2.23 esthetician, or nail technician and not an advanced practice license or manager license.

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3.1 Subp. 11f. Physical location. "Physical location" means the contiguous space

3.2 representing each salon that can be accessed by customers without exiting the salon.

3.3 Subp. 11g. Porous material. "Porous material" means a material that absorbs liquid

3.4 or allows liquid to penetrate.

3.5 Subp. 11h. Primary exfoliation. "Primary exfoliation" means the removal of dead

3.6 skin cells in the stratum corneum layer of the epidermis through manual or chemical means.

3.7 Subp. 11h. Sharps. "Sharps" means any object, sterile or contaminated, that may

3.8 purposefully or accidentally cut or penetrate the skin or mucosa including presterilized

3.9 single-use lancets, dermal blades, and razor blades.

3.10 Subp. 11i. Sharps container. "Sharps container" means a closed, puncture-resistant,

3.11 leak-proof container, labeled with the international biohazard symbol, that is used for

3.12 handling, storage, transportation, and disposal of sharps.

3.13 Subp. 11i 11j. Simple braiding devices. "Simple braiding devices" include clips,

3.14 combs, curlers, curling irons, hairpins, rollers, scissors, needles, and thread.

3.15 Subp. 11j 11k. Special event. "Special event" means an event held for any purpose

3.16 other than the provision of licensed services, where a participant in the event may receive

3.17 the limited cosmetology services described in part 2105.0410, subpart 2, at a location not

3.18 in a licensed salon.

3.19 Subp. 11k 11l. Sterilization. "Sterilization" means the destruction of all microbial

3.20 life and spores through the use of heat, steam, or chemical sterilants.

3.21 [For text of subps 12 and 12a, see M.R.]

3.22 Subp. 13. Unregulated service. "Unregulated service" means those services not

3.23 defined as the practice of cosmetology under Minnesota Statutes, section 155A.23,

3.24 subdivision 3, and that are exempt from regulation by the board. Unregulated services are

32105.0010


4.1 ear piercing; body art; body painting; henna tattoos and permanent tattoos; eyebrow

4.2 embroidery; eyebrow microblading; permanent hair removal; permanent makeup; tanning

4.3 by UV radiation and spray tanning units; injectables; services for theatrical, television, film,

4.4 fashion, photography, or media productions or media appearances; mortuary services;

4.5 massage; body wraps and lymphatic drainage when performed by a massage therapist; the

4.6 practice of medicine as defined in Minnesota Statutes, section 147.081, subdivision 3; and

4.7 hair braiding, hair braiding services, and hair braiders, as defined in subparts 10a to 10c;

4.8 and threading as defined in Minnesota Statutes, section 155A.23, subdivision 13. Ordinances

4.9 by local units of government that prohibit hair braiding, hair braiding services, or hair

4.10 braiders, as defined in subparts 10a to 10c, or regulate any matter relating to licensing,

4.11 testing, or training of hair braiding, hair braiding services, or hair braiders are preempted

4.12 by this part.

4.13 Subp. 14. Work area. "Work area" means a space where regulated services are

4.14 provided. A separate work area is created when the service area is partitioned from other

4.15 salon spaces or work areas by walls at least six feet high and doorways of less than five feet

4.16 in width.

4.17 2105.0105 SCOPE.

4.18 Subpart 1. Cosmetology. The practice of cosmetology includes the services defined

4.19 under Minnesota Statutes, section 155A.23, subdivision 3, and includes all esthetic services

4.20 in subpart 2 and all nail services in subpart 3. Cosmetologists must not use any tool or

4.21 equipment designed to penetrate beyond the stratum corneum of the epidermis. Cosmetology

4.22 does not include advanced practice esthetic services in subpart 4. Cosmetology practice

4.23 includes:

4.24 [For text of items A to E D, see M.R.]

4.25 E. other personal services for the cosmetic care of the hair, head, and scalp.

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5.1 Subp. 2. Esthetics. The practice of esthiology is the cosmetic treatment of the stratum

5.2 corneum of the epidermal layer of the skin surface. Estheticians must not use any tool or

5.3 equipment designed to penetrate beyond the stratum corneum of the epidermis. Esthetic

5.4 practice includes:

5.5 A. cleansing, stimulating, exfoliating, or massaging a person's scalp, face, neck,

5.6 arms, legs, or trunk with or without the use of any cosmetic preparation, antiseptic, tonic,

5.7 lotion, or cream;

5.8 B. cosmetic care of a person's face, eyelashes, eyebrows, lips, nose, neck, arms,

5.9 legs, or trunk using a cosmetic preparation, antiseptic, tonic, lotion, powder, oil, gels,

5.10 paraffin, clay, cream, or makeup;

5.11 C. basic exfoliation, manual or machine skin cleansing, and basic extractions;

5.12 C D. removing hair from a person's body using depilatories, waxes, preparations,

5.13 sugaring, or tweezing;

5.14 D E. application of makeup or airbrush makeup, extractions, microdermabrasion,

5.15 primary exfoliation, eyelash and eyebrow tinting, eyebrow shaping and trimming, eyelash

5.16 and eyebrow enhancements, waxing, sugaring, facials, and body wraps; and

5.17 E F. other cosmetic personal services on the stratum corneum layer of the

5.18 epidermis.

5.19 Subp. 3. Nail technician services. The practice of nail technology is the cosmetic

5.20 care of the hands, feet, and nails. Nail technician services do not include waxing, eyelash

5.21 or eyebrow enhancements, or any other esthetician service. Nail technicians must not use

5.22 any tool or equipment to penetrate the skin.

5.23 Nail technology includes:

5.24 [For text of items A to E, see M.R.]

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6.1 F. other personal services for the cosmetic care of the hands, feet, and nails.

6.2 Nail technician services do not include waxing, eyelash or eyebrow enhancements, or any

6.3 other esthetician service. Nail technicians must not use any tool or equipment to penetrate

6.4 the skin.


6.6 Subp. 4. 5. Advanced practice esthetic services. The practice of advanced practice

6.7 (AP) esthetics is the cosmetic treatment of the epidermal layer of the skin. AP estheticians

6.8 must not use any tool or implement designed to penetrate beyond the epidermal dermal

6.9 juncture. AP esthetics includes esthetic services in subpart 2 and:

6.10 A. advanced exfoliation including dermaplaning, microdermabrasion, chemical

6.11 or enzyme exfoliation, and other exfoliation methods;

6.12 B. electrical energy advanced skin care treatments using electrical energy

6.13 treatments including light therapy, galvanic current, microcurrent, high frequency, radio

6.14 frequency, sound waves, lymphatic drainage, and other energy treatments advanced

6.15 extractions;

6.16 C. lymphatic drainage skin needling; and

6.17 D. other cosmetic personal services on the epidermal layer of the skin.

6.18 2105.0110 ADVERTISING.

6.19 The following provisions govern all advertising relating to the practice of cosmetology:

6.20 [For text of items A and B, see M.R.]

6.21 C. An individual practitioner advertising the practitioner's licensed services must

6.22 list either the full name as shown on the individual's license or the name of the salon as

6.23 shown on the salon license.

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7.1 [For text of item D, see M.R.]

7.2 E. It is a violation of this chapter to advertise as a medical esthetician or medical

7.3 aesthetician. or as a clinical esthetician or aesthetician. It is a violation of this chapter to

7.4 qualify the esthetician or advanced practice esthetician license title with another term. Only

7.5 licensed estheticians may use the title "esthetician" and only licensed advanced practice

7.6 estheticians may use the titles "esthetician", "advanced practice esthetician", or "AP

7.7 esthetician".

7.8 2105.0115 INSPECTIONS.

7.9 [For text of subps 1 to 3, see M.R.]

7.10 Subp. 4. Inspection penalties and discipline.

7.11 [For text of item A, see M.R.]

7.12 B. Board staff must issue penalties prescribed in Minnesota Statutes, section

7.13 155A.25, for violations in subitems (1) to (4) cited during a board inspection of a salon or

7.14 permit holder except as provided for in subpart 5. Licensees must pay penalties in full before

7.15 any license is renewed or issued.

7.16 (1) A salon is subject to penalty for violations cited during a salon inspection

7.17 for:

7.18 [For text of units (a) and (b), see M.R.]

7.19 (c) each active license of a practitioner or salon not conspicuously

7.20 displayed;

7.21 [For text of units (d) to (h), see M.R.]

7.22 (2) A DLSM is subject to penalty for violations cited during inspection for:

7.23 [For text of units (a) and (b), see M.R.]

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8.1 (c) each active license of a practitioner or salon not conspicuously

8.2 displayed;

8.3 [For text of units (d) to (h), see M.R.]

8.4 (3) An individual practitioner is subject to penalty for violations cited during

8.5 a salon inspection for:

8.6 (a) the practitioner's expired license;

8.7 (b) the practitioner's active license not conspicuously displayed, if an

8.8 active license is held;

8.9 [For text of units (c) to (g), see M.R.]

8.10 [For text of subitem (4), see M.R.]


8.12 2105.0145 APPLICANTS FOR INDIVIDUAL LICENSES.

8.13 Subpart 1. Cosmetologists, nail technicians, and estheticians. Applicants for a

8.14 cosmetologist, nail technician, or esthetician license who have not been licensed in other

8.15 states must provide the items required in items A to E:

8.16 [For text of items A to C, see M.R.]

8.17 D. proof of completion of training as follows:

8.18 (1) graduates of a Minnesota-licensed cosmetology school must submit the

8.19 original course completion certificate with the notarized signatures of the school manager

8.20 or owner documenting the successful completion of the curriculum and the required number

8.21 of hours of training: 1,550 hours for a cosmetologist; 600 hours for an esthetician; and 350

8.22 hours for a nail technician, including any hours transferred from another school within the

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9.1 past three years. If the completed training is more than five years old, a skills course

9.2 certificate no more than one year old must also be submitted;

9.3 (2) a graduate of a training program licensed by another state that is:

9.4 (a) equal to the curriculum and minimum hour requirements required of

9.5 Minnesota-licensed cosmetology schools for a cosmetologist, esthetician, or nail technician

9.6 program must submit an original notarized transcript or document board form from a licensed

9.7 cosmetology school that establishes the completion of the curriculum and required number

9.8 of hours of training: 1,550 hours for a cosmetologist; 600 hours for an esthetician; and 350

9.9 hours for a nail technician, including any hours transferred from another school within the

9.10 past five years. If the completed training is more than five years old, a skills course certificate

9.11 from a Minnesota-licensed cosmetology school no more than one year old must also be

9.12 submitted; and

9.13 (b) not equal to the curriculum and minimum hour requirements required

9.14 of Minnesota-licensed cosmetology schools for a cosmetologist, esthetician, or nail technician

9.15 program must obtain a course completion certificate by applying to a Minnesota-licensed

9.16 cosmetology school as a transfer student under part 2110.0705 and must meet and complete

9.17 the school's requirements. The applicant must then submit the original course completion

9.18 certificate with the notarized signatures of the school manager or owner, documenting

9.19 successful completion of the required curriculum and number of hours of training: 1,550

9.20 hours for a cosmetologist; 600 hours for an esthetician; and 350 hours for a nail technician.

9.21 If the completed training is more than five years old, a skills course certificate from a

9.22 Minnesota-licensed cosmetology school no more than one year old must also be submitted;

9.23 (3) an applicant who partially completed a training program licensed by

9.24 another state, or who completed an unlicensed training program in another state, must obtain

9.25 a course completion certificate by applying to a Minnesota-licensed cosmetology school as

9.26 a transfer student under part 2110.0705 and must meet and complete the school's

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10.1 requirements. The applicant must then submit the original course completion certificate

10.2 with the notarized signatures of the school manager or owner, documenting successful

10.3 completion of the required curriculum and number of hours of training: 1,550 hours for a

10.4 cosmetologist; 600 hours for an esthetician; and 350 hours for a nail technician. If the

10.5 completed training is more than five years old, a skills course certificate from a

10.6 Minnesota-licensed cosmetology school no more than one year old must also be submitted;

10.7 or


10.9 [For text of item E, see M.R.]

10.10 Subp. 1a. Advanced practice estheticians. The board shall issue an AP esthetician

10.11 salon manager license to an applicant with an active salon manager license who meets the

10.12 requirements of this part. An AP esthetician license supersedes an esthetician license.

10.13 A. An applicant for an AP esthetician license who holds an active esthetician or

10.14 cosmetologist license must provide the following:

10.15 (1) a completed application form;

10.16 (2) original passing test results no more than one year old of the following

10.17 board-approved tests for the AP esthetician license:

10.18 (a) general theory test; and

10.19 (b) written practical test;

10.20 (3) an original AP esthetician course completion certificate documenting the

10.21 successful completion of curriculum from a board-approved school with the notarized

10.22 signature of the school manager or school owner. If the completed AP esthetician training

10.23 is more than five years old, a skills course certificate no more than one year old must also

10.24 be submitted; and

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11.1 (4) payment of the fees required by Minnesota Statutes, section 155A.25.

11.2 B. An applicant for an AP esthetician license who completed training in Minnesota

11.3 for both an esthetician or cosmetologist license and training for an AP esthetician license

11.4 but does not hold an active esthetician or cosmetologist license must provide the following:


11.6 (2) a high school diploma, a high school transcript showing graduation, a

11.7 general educational development certificate, or a recognized equivalent of a high school

11.8 diploma (RED) as identified in Code of Federal Regulations, title 34, section 600.2;

11.9 (3) an original course completion certificate for a board-approved esthetician

11.10 or cosmetology course documenting the successful completion of the curriculum with the

11.11 notarized signature of the school manager or school owner. If the completed training is

11.12 more than five years old, a skills course certificate no more than one year old must also be

11.13 submitted;

11.14 (4) original passing test results no more than one year old of the

11.15 board-approved general theory and written practical tests for the esthetician or cosmetology

11.16 license:

11.17 (a) general theory test;

11.18 (b) written practical test; and

11.19 (c) Minnesota laws and rules test;





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12.1 (6) an original AP esthetician course completion certificate from a

12.2 board-approved school with the notarized signature of the school manager or school owner.

12.3 If the completed AP esthetician training is more than five years old, a skills course certificate

12.4 no more than one year old must also be submitted; and


12.6 C. An applicant for an AP esthetician license who is not licensed in any state and

12.7 who completed esthetician or cosmetologist training in another state must provide the

12.8 following:

12.9 (1) a completed application;

12.10 (2) a high school diploma, a high school transcript showing graduation, a

12.11 general educational development certificate, or a recognized equivalent of a high school


12.13 (3) proof of training for an esthetician as identified in subpart 1, item D, the

12.14 following:

12.15 (4) original passing test results no more than one year old of the

12.16 board-approved general theory and written practical tests for the esthetician or cosmetologist

12.17 license:

12.18 (a) general theory test;

12.19 (b) written practical test; and

12.20 (c) Minnesota laws and rules test;




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13.7 D. C. An applicant with an AP esthetician license or master esthetician license

13.8 from another state must apply under part 2105.0183, subpart 4. An applicant for an AP

13.9 esthetician license with an esthetician or cosmetologist license from another state and who

13.10 is not licensed in Minnesota must provide the following:


13.12 (2) certification of licensure no more than 90 days old sent to the board

13.13 directly from each state where the applicant has been licensed. A license certification must

13.14 verify the current status and history of licensure, discipline history, hours of training, and

13.15 whether or not the licensee has passed an esthetician general theory and practical test. If a

13.16 state does not issue certification of licensure, the applicant must submit a copy of the most

13.17 recent license and a completed supplemental verification form. If the out-of-state license is

13.18 not active, an original board-approved esthetician skills course certificate that is no more

13.19 than one year old;

13.20 (3) a high school diploma or transcript showing graduation, a general

13.21 education development (GED) certificate, or a recognized equivalent of a high school


13.23 (4) original passing test results no more than one year old of a board-approved

13.24 general theory esthetician test. If a certification of licensure from a state in which the

132105.0145


14.1 applicant has been licensed attests that the applicant has passed a general theory test, this

14.2 requirement is met and the general theory test does not have to be retaken;


14.4 written esthetician practical test. If a certification of licensure from a state in which the

14.5 applicant has been licensed attests that the applicant has passed a written practical test, this

14.6 requirement is met and the written practical test does not have to be retaken;

14.7 (6) original passing test results of the Minnesota state laws and rules test no

14.8 more than one year old;










14.18 Subp. 2. Salon managers. An applicant for a salon manager license must:

14.19 A. An applicant who holds an active Minnesota operator license and wishes to

14.20 advance to a salon manager license must:

14.21 (1) submit a completed application form;

14.22 (2) document at least 2,700 work hours of licensed experience in a licensed

14.23 salon within the three years prior to application;

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15.1 (3) submit original passing test results of the salon manager test no more than

15.2 one year old; and

15.3 (4) pay the fees required in Minnesota Statutes, section 155A.25.

15.4 B. hold an active Minnesota cosmetologist, esthetician, advanced practice

15.5 esthetician, or nail technician license; An applicant who holds an active salon manager

15.6 license and is applying for a practitioner license in another field may apply for a salon

15.7 manager license in the new field without first obtaining or paying for an operator license

15.8 in the new field. An applicant must:

15.9 (1) submit a completed application for the new field and meet the requirements

15.10 for the operator license;


15.12 C. document at least 2,700 work hours of licensed experience in a licensed salon

15.13 within the three years prior to application; An applicant who holds an active salon manager

15.14 license in one field and an active operator license in another field may advance the operator

15.15 license to a salon manager license without meeting the requirements of item A, subitems

15.16 (1) and (2). An applicant must:

15.17 (1) submit a completed application; and


15.19 [For text of items C to D and E, see M.R.]

15.20 Subp. 3. School managers. An applicant for a school manager license must:


15.22 B. hold an active Minnesota cosmetology salon manager license;

15.23 [For text of items C and D, see M.R.]

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16.1 Subp. 4. Instructors. An applicant for an instructor license must:


16.3 B. hold an active Minnesota cosmetologist, nail technician, esthetician, or advanced

16.4 practice esthetician license as an operator or manager;

16.5 C. document at least 2,700 hours of licensed practice as a cosmetologist, nail

16.6 technician, esthetician, or advanced practice esthetician within the three years prior to

16.7 application;

16.8 D. submit the original course completion certificate of a board-approved instructor

16.9 course on teaching methodology not more than one year old;

16.10 [For text of items E and F, see M.R.]

16.11 2105.0155 GRANDFATHERED ADVANCED PRACTICE ESTHETICIANS16.12 ESTHETIC LICENSES.

16.13 Subpart 1. Grandfathering provisions for advanced practice esthetician

16.14 operators. A cosmetologist and or esthetician operator may apply for a grandfathered

16.15 advanced practice (AP) esthetician license by meeting the requirements in this subpart. The

16.16 completed application must be received by the board no later than December 31, 2017 July

16.17 31, 2019. A cosmetologist who meets the requirements for a grandfathered AP esthetician

16.18 license must be issued a separate AP esthetician license. An applicant for a grandfathered

16.19 AP esthetician license must:

16.20 A. provide a completed application;

16.21 B. hold an active Minnesota cosmetologist or esthetician operator license;

16.22 C. have demonstrated work experience in a licensed salon consisting of a total of

16.23 900 hours in the past three years providing AP esthetician services, including experience

16.24 in three or more AP services including at least one type of advanced exfoliation services

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17.1 and at least one type of electromagnetic advanced facial services using electrical energy

17.2 services, or. A licensed cosmetology or licensed esthetician instructor may substitute teaching

17.3 hours in advanced practice esthetic services at a licensed school for part or all of the 900

17.4 hours of work experience. An applicant who does not meet the 900 hours of experience

17.5 must submit original passing test results not more than one year old of the board-approved

17.6 tests written theory and written practical test for AP estheticians; and

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

17.8 Subp. 2. Grandfathering provisions for advanced practice esthetician salon

17.9 managers. A cosmetologist and esthetician salon manager may apply for an advanced

17.10 practice (AP) esthetician salon manager license under the grandfathering provisions of this

17.11 part by meeting the requirements in this subpart. The completed application must be received

17.12 by the board no later than December 31, 2017 July 31, 2019. A cosmetologist who wishes

17.13 to retain the cosmetology license and who meets the requirements for a grandfathered AP

17.14 esthetician license must be issued a separate AP esthetician license. An applicant for a

17.15 grandfathered AP esthetician salon manager license must:

17.16 A. provide a completed application form;

17.17 B. hold an active Minnesota cosmetologist or esthetician salon manager license;

17.18 C. have demonstrated work experience in a licensed salon consisting of a total of

17.19 900 hours in the past three years providing AP esthetician services, including experience

17.20 in three or more AP services including at least one type of advanced exfoliation services

17.21 and at least one type of electromagnetic advanced facial services using electrical energy

17.22 services, or. A licensed cosmetology or licensed esthetician instructor may substitute teaching

17.23 hours in advanced practice esthetic services at a licensed school for part or all of the 900

17.24 hours of work experience. An applicant who does not meet the 900 hours of experience

17.25 must submit original passing test results no more than one year old of the board-approved

17.26 tests written theory and written practical test for AP estheticians; and

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18.2 Subp. 3. Grandfathering provisions for advanced practice esthetician

18.3 instructors. A cosmetology and esthetician instructor or esthetic instructor with an active

18.4 license may apply for an advanced practice (AP) esthetician instructor license under the

18.5 grandfathering provisions of this part by meeting the requirements in this subpart. The

18.6 completed application must be received by the board no later than December 31, 2017 July

18.7 31, 2019. A cosmetologist instructor who meets the requirements for a grandfathered AP

18.8 esthetician instructor license will be issued a separate AP esthetician instructor license. An

18.9 applicant for a grandfathered AP esthetician instructor license must:

18.10 A. provide a completed application form;

18.11 B. hold an active Minnesota cosmetology or esthetician instructor license;

18.12 C. hold an active Minnesota AP esthetician license as an operator or salon manager;

18.13 and


18.15 Subp. 4. Student grandfathering provisions for advanced practice esthetician

18.16 licenses. A student who completes an esthetic licensure program on or after January 1,

18.17 2018, but before June 1, 2019, may apply for an advanced practice (AP) esthetician license

18.18 by meeting the requirements in this subpart. The completed application must be received

18.19 by the board no later than December 31, 2019. A student applicant for a grandfathered AP

18.20 esthetician license under this subpart must:

18.21 A. provide a completed application;

18.22 B. hold an active esthetician operator license;

18.23 C. submit original passing test results no more than one year old of the

18.24 board-approved theory test for AP estheticians;

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19.1 D. submit original passing test results no more than one year old of the

19.2 board-approved written practical test for AP estheticians; and

19.3 E. submit payment of the fees required of applicants for licensure by Minnesota

19.4 Statutes, section 155A.25.

19.5 2105.0183 TRANSFER OF LICENSES FROM OTHER STATES OR COUNTRIES.

19.6 Subpart 1. Applicants with required training who are licensed in another

19.7 state. Applicants for a cosmetologist, nail technician, or esthetician operator license who

19.8 have completed the required number of hours of training: 1,550 hours for a cosmetologist;

19.9 600 hours for an esthetician; and 350 hours for a nail technician, and are licensed in another

19.10 state must provide the following:


19.12 C. if the out-of-state license is not active, an original board-approved skills course

19.13 certificate no more than one year old;

19.14 [For text of items D to H, see M.R.]

19.15 Subp. 2. Applicants with less than the required training who are licensed in another

19.16 state. Applicants for a cosmetologist, nail technician, or esthetician operator license who

19.17 have not completed the required number of hours of training: 1,550 hours for a cosmetologist;

19.18 600 hours for an esthetician; and 350 hours for a nail technician, and who are licensed in

19.19 another state must provide the following:


19.21 B. evidence of an active license for at least three years in another state, or an

19.22 original course completion certificate from a Minnesota-licensed cosmetology school no

19.23 more than one year old with notarized signatures of the school manager or owner

192105.0183


20.1 documenting the completion as a transfer student under part 2110.0705 of additional training

20.2 hours and the practical skills test;

20.3 [For text of item C, see M.R.]

20.4 D. if the out-of-state license is not active, the applicant must provide an original

20.5 board-approved skills course certificate no more than one year old;

20.6 [For text of item E, see M.R.]

20.7 F. original passing test results no more than one year old of a board-approved

20.8 general theory test. If a certification of licensure from a state in which the applicant has

20.9 been licensed attests that the applicant has passed such a test, this requirement is met and

20.10 the general theory test does not have to be retaken;

20.11 [For text of items G to I, see M.R.]


20.13 Subp. 4. Applicants with an instructor license from another state. Applicants who

20.14 hold an active instructor license issued from another state may apply for an instructor license.

20.15 Applicants must provide the following:


20.17 B. an active Minnesota cosmetologist, esthetician, advanced practice esthetician,

20.18 nail technician, or salon manager license;


20.20 E. an original course completion certificate of a board-approved instructor course

20.21 not more than one year old. If a certification of licensure from a state where the applicant

20.22 holds an active instructor license attests that the applicant successfully completed comparable

20.23 instructor training, this requirement is met and the instructor course does not have to be

20.24 retaken;

202105.0183


21.1 F. original passing test results no more than one year old of a board-approved

21.2 instructor general theory test. If a certification of licensure from a state where the applicant

21.3 holds an active instructor license attests that the applicant passed a comparable instructor

21.4 theory test, this requirement is met and the instructor theory test does not have to be retaken;

21.5 G. original passing test results no more than one year old of a board-approved

21.6 instructor practical test. If a certification of licensure from a state where the applicant holds

21.7 an active instructor license attests that the applicant has passed such a test, this requirement

21.8 is met and the instructor practical test does not have to be retaken;

21.9 [For text of items H and I, see M.R.]

21.10 Subp. 4a. Applicants with an advanced practice or master esthetician training or

21.11 license from another state or country. An applicant for an advanced practice esthetician

21.12 operator license whose training or licensure is from another state or country must:

21.13 A. apply to a board-licensed school as a transfer student for an evaluation of

21.14 applicable esthetician and advanced practice (AP) esthetician training, school records, and

21.15 work experience under part 2110.0705; rectify any deficiencies noted in the evaluation

21.16 results; and provide the original esthetician course completion certificate and the original

21.17 AP esthetician course completion certificate; and

21.18 B. complete an application and submit the following items:

21.19 (1) a high school diploma or transcript showing graduation, general education

21.20 development certificate, or a recognized equivalent of a high school diploma (RED) as

21.21 identified in Code of Federal Regulations, title 34, section 600.2;

21.22 (2) if applicant has held a cosmetologist, esthetician, or AP esthetician license

21.23 in another state, a certification of licensure no more than 90 days old sent to the board

21.24 directly from each state where the applicant has been licensed. A license certification must

21.25 verify the current status and history of licensure, discipline history, hours of training, and

212105.0183


22.1 whether or not the licensee has passed the general theory and practical tests. If a state does

22.2 not issue certification of licensure, the applicant must submit a copy of the most recent

22.3 license and a completed supplemental verification form;


22.5 esthetician or cosmetology general theory test. If a certification of licensure from a state in

22.6 which the applicant has been licensed attests that the applicant has passed such a test, this

22.7 requirement is met and the general theory test does not have to be retaken;


22.9 esthetician or cosmetology written practical test. If a certification of licensure from a state

22.10 in which the applicant has been licensed attests that the applicant has passed such a test,

22.11 this requirement is met and the written practical test does not have to be retaken;

22.12 (5) original passing test results of a board-approved theory AP esthetician

22.13 test no more than one year old;

22.14 (6) original passing test results of a board-approved written practical AP

22.15 esthetician test no more than one year old;

22.16 (7) original passing test results of the Minnesota state laws and rules test no

22.17 more than one year old; and



22.20 2105.0184 MILITARY TEMPORARY LICENSE.

22.21 Subpart 1. Application and issuance. In compliance with Minnesota Statutes, section

22.22 197.4552, the board shall issue military temporary (MT) licenses for cosmetologists,

22.23 estheticians, advanced practice estheticians, nail technicians, salon managers, instructors,

222105.0184


23.1 and school managers valid for a 12-month license cycle. An applicant for an MT license

23.2 must submit:


23.4 C. a copy of an active valid license without a history of discipline for a

23.5 cosmetologist, esthetician, advanced practice esthetician, nail technician, salon manager,

23.6 school manager, or instructor from another state; and



23.9 2105.0187 SKILLS COURSES.

23.10 A. A cosmetologist skills course, esthetician skills course, advanced practice

23.11 esthetician, or nail technician skills course must be offered in person, taught by an instructor

23.12 licensed in the course subject, and:

23.13 [For text of subitems (1) and (2), see M.R.]

23.14 [For text of item B, see M.R.]

23.15 C. Cosmetologists must attend a cosmetologist skills course taught by a

23.16 cosmetology instructor. Estheticians must attend an esthetician skills course taught by an

23.17 esthetician or cosmetologist instructor. Advanced practice estheticians must attend an

23.18 advanced practice course taught by an advanced practice esthetician instructor. Nail

23.19 technicians must attend a skills course taught by a cosmetologist or nail technician instructor.

23.20 [For text of items D to G, see M.R.]

23.21 2105.0190 MAINTAINING INDIVIDUAL LICENSES.

23.22 Subpart 1. Compliance with applicable law. The licensee is responsible for verifying

23.23 that the salon or school in which the licensee is practicing has an active license, and the

232105.0190


24.1 licensee must continuously comply with all applicable provisions of Minnesota statutes and

24.2 rules.

24.3 Subp. 1a. New services or devices. Before providing any service using a product,

24.4 technique, or device equipment new to the licensee, the licensee must:

24.5 A. ensure that the use of the product, device, or technique is within the licensee's

24.6 scope of practice as defined in part 2105.0105;

24.7 B. review and comply with any manufacturer's directions for use, safety

24.8 requirements, and contraindications;

24.9 C. maintain a record of any training received by the licensee on the product,

24.10 technique, or device, for as long as the licensee is using the product, technique, or device;

24.11 and

24.12 D. determine that the licensee has the knowledge and training necessary to safely

24.13 provide the service using the new product, technique, or device.


24.15 Subp. 4. Display of license. The practitioner must conspicuously post an active license

24.16 at each salon where the practitioner practices. The conditions in items A to D must be met

24.17 at all times.


24.19 C. Copies of licenses do not meet the requirements of license posting. Licensees

24.20 must obtain duplicate licenses from the board in order to post licenses at multiple

24.21 workstations or multiple salons. After a license is issued by the board, a printout of the

24.22 online license status from the board Web site showing an active license may be used to meet

24.23 the posting requirements for a maximum of 30 days beginning on the license issuance date.


242105.0190


25.1 Subp. 5. [Repealed, 41 SR 305]

25.2 2105.0200 LICENSE RENEWAL FOR INDIVIDUALS.

25.3 Subpart 1. Application for renewal of license. All licenses expire on the last day of

25.4 the individual's birth month of the year due and each licensee is responsible for applying

25.5 to renew the license without notice from the board. If more than one year has three years

25.6 have passed since the expiration date of the license, the license is not eligible for renewal

25.7 under this section, and the requirements of part 2105.0215 apply.

25.8 A. The board must return incomplete renewal applications to the applicant with

25.9 notice of the items that are incomplete.

25.10 B. The applicant must pay late fees required by Minnesota Statutes, section

25.11 155A.25, if a license renewal application or a resubmitted application is received after the

25.12 expiration date of the license.

25.13 C. A licensee whose renewed license has not been issued by the board by the end

25.14 of the business day on the licensee's expiration date is not authorized to practice after the

25.15 expiration date until a license is issued, and any unlicensed practice after the expiration date

25.16 is subject to the inspection penalties in part 2105.0115 and disciplinary provisions as

25.17 described in Minnesota Statutes, section 155A.33.

25.18 Subp. 2. Continuing education (CE) requirements for practitioners. The licensee

25.19 must complete the following continuing education (CE) requirements before applying to

25.20 renew a license:

25.21 A. A cosmetologist, nail technician, esthetician, advanced practice esthetician, or

25.22 salon manager renewing a license on or after August 1, 2017, must complete a total of eight

25.23 hours of CE credits from board-approved providers within the three years prior to the date

25.24 of the license renewal. Licensees must maintain proof of completion of the CE credits as

25.25 required in subpart 5. The eight hours must consist of:

252105.0200


26.1 (1) four hours of core CEs, consisting of one hour pertaining to state

26.2 cosmetology laws and rules, and three hours related to health, safety, and infection control

26.3 matters; and

26.4 (2) four hours of professional practice CEs, consisting of one or more of the

26.5 following topics within the licensee's scope of practice:

26.6 (a) product chemistry and chemical interaction;

26.7 (b) proper use of machines and instruments;

26.8 (c) business management, professional ethics, and human relations; or

26.9 (d) techniques relevant to the type of license held by the practitioner.

26.10 B. The CE credits are valid for only one license renewal period, but may be applied

26.11 to multiple licenses held by the same practitioner if the CEs were completed within three

26.12 years prior to the license renewal date.

26.13 Subp. 2a. CE and other renewal requirements for instructors.

26.14 A. An instructor must complete 45 hours of board-approved CEs within three

26.15 years before the license renewal, including at least 30 hours in teaching methodology and

26.16 15 hours on clinical practice in the field of licensure. Licensees must retain proof of the CE

26.17 credits as required in subpart 5.

26.18 [For text of items B to H, see M.R.]

26.19 Subp. 2b. CE and other renewal requirements for school managers.

26.20 A. A school manager renewing a license on or after August 1, 2017, must complete

26.21 a CE class or seminar in business practices of at least four hours, no more than three years

26.22 prior to the renewal application, and retain proof of completion as required in subpart 5.

262105.0200


27.1 B. To renew the school manager's license, a school manager must hold an active

27.2 cosmetology salon manager's license.

27.3 C. School manager CEs are valid for only one license renewal.

27.4 D. A school manager may apply four CEs from an approved professional practice

27.5 CE course on business management to the renewal of both the underlying salon manager

27.6 license and the school manager license.

27.7 [For text of subps 2b 3 to 5, see M.R.]

27.8 2105.0205 RETIRED LICENSE.

27.9 A licensee with an active or expired Minnesota practitioner license who has ceased all

27.10 practice of cosmetology may apply for a retired license that does not allow any practice of

27.11 cosmetology as defined in Minnesota Statutes, section 155A.23, subdivision 3. The board

27.12 must void any active license when a retired license is issued for the remainder of the license

27.13 cycle. If the practitioner's license is expired, the applicant must pay the renewal and late

27.14 fees required by Minnesota Statutes, section 155A.25.


27.16 B. A person with a retired license who wishes to obtain an active practitioner

27.17 license must apply to renew the original expired practitioner license under the terms of this

27.18 chapter as if no retired license was issued. If the retired license has not expired, no new

27.19 renewal fee is required.

27.20 [For text of item C, see M.R.]

27.21 2105.0215 PROCEDURE FOR RENEWING AN EXPIRED LICENSE.

27.22 [For text of subps 1 and 2, see M.R.]

272105.0215


28.1 Subp. 3. Instructor licenses expired three years or more. If an instructor's license

28.2 has been expired three years or more, the board shall issue a license with a new license

28.3 cycle when the expired licensee submits a renewal application and meets these requirements:

28.4 A. holds an active operator's or salon manager's license;

28.5 [For text of items B and C, see M.R.]

28.6 Subp. 4. School manager licenses expired three years or more. If a school manager's

28.7 license has been expired three years or more, a license with a new license cycle shall be

28.8 issued by the board when the expired licensee submits a renewal application and:

28.9 A. holds an active cosmetology salon manager's license;

28.10 [For text of items B and C, see M.R.]

28.11 2105.0305 DESIGNATED LICENSED SALON MANAGER.

28.12 [For text of items A to F, see M.R.]

28.13 G. A DLSM must hold the same licensure level as the salon license, except that

28.14 a cosmetologist salon manager may serve as a DLSM for a nail or an esthetician salon. An

28.15 advanced practice (AP) esthetician salon manager may serve as a DLSM for an esthetician

28.16 or an AP esthetician salon.

28.17 2105.0310 SALON LICENSURE APPLICATION.

28.18 Subpart 1. All salon licenses. The requirements of this part and parts 2105.0360 and

28.19 2105.0370 must be met by all applicants proposing to establish a salon. A salon license is

28.20 required for each physical location. A licensed salon business may not share any physical

28.21 space with another licensed salon business except for restrooms, and may not be located

28.22 inside the perimeter of another licensed salon.

28.23 Subp. 1a. Types of salon licenses. The services a salon may offer are determined by

28.24 the type of salon license held. Cosmetology salons may offer cosmetology services, esthetic

282105.0310


29.1 services, and nail services. Nail salons must offer only nail services. Esthetician salons must

29.2 offer only esthetician services. Advanced practice esthetician salons may offer esthetic and

29.3 advanced esthetic services. A single salon may hold more than one type of salon license.

29.4 Subp. 2. Application. An applicant for a salon license must apply on forms supplied

29.5 by the board, giving the following information:

29.6 [For text of items A to G, see M.R.]

29.7 H. current Certificate of Workers' Compensation Insurance, unless the salon is

29.8 not required to provide insurance coverage under the Minnesota Workers' Compensation

29.9 Act, Minnesota Statutes, chapter 176;

29.10 [For text of items I and J, see M.R.]

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

29.12 responsibilities of the DLSM. The DLSM must meet the requirements of part 2105.0305.

29.13 2105.0322 MAINTAINING SALON LICENSE.


29.15 Subp. 5. Salon premises. Regulated cosmetic services must not be provided in a place

29.16 other than a licensed salon or licensed school, or as otherwise provided by this chapter.


29.18 Subp. 10. Change of DLSM. The salon owner must inform the board in writing within

29.19 ten business days of the departure or resignation of the DLSM. The salon has 60 days from

29.20 the date of the change to register with the board a new DLSM meeting the requirements of

29.21 part 2105.0305.

29.22 2105.0360 SALON PHYSICAL REQUIREMENTS.


292105.0360


30.1 Subp. 5a. Dispensary. Each salon must have a dispensary area used to mix chemicals,

30.2 mix disinfecting solutions, disinfect or sterilize tools and implements, and store hazardous

30.3 supplies. Each dispensary must have a clean waste receptacle emptied daily. A dispensary

30.4 must not be located in a restroom.



30.7 2105.0370 SALON OPERATIONAL REQUIREMENTS.

30.8 A salon must continuously meet the following minimum operational requirements.


30.10 C. The active salon license showing the current DLSM must be conspicuously

30.11 posted facing the public side of the reception area providing the public a full, unobstructed

30.12 view of the license.

30.13 [For text of items D to F, see M.R.]

30.14 2105.0375 INFECTION CONTROL REQUIREMENTS.


30.16 Subp. 4. Disinfecting.

30.17 [For text of items A to C, see M.R.]

30.18 D. Disinfectant solutions must be legibly labeled with the disinfectant name and

30.19 any dilution requirements. Disinfectant solutions must be disposed of immediately if visible

30.20 debris is present. If concentrated disinfectants must be diluted with water, measuring devices

30.21 must be readily available and used to ensure an effective solution is made. Unless otherwise

30.22 directed by the disinfectant label, disinfectant solutions must be made daily and disposed

30.23 of at the end of the day.

302105.0375


31.1 [For text of items E to G, see M.R.]

31.2 Subp. 4a. Sterilizing.

31.3 A. Any tool or implement that is designed to puncture or invade the skin must be

31.4 cleaned and then sterilized using an autoclave, or steam heat sterilizer, or a chemiclave

31.5 before the tool or implement can be reused. A sterilized tool or implement must be stored

31.6 in the sterilization pouch or container in which it was sterilized. Each sterilized package or

31.7 container must have the batch number and date of sterilization, corresponding to the log of

31.8 use referenced in item D.

31.9 B. Autoclaves and other sterilizing devices or steam heat sterilizers and chemical

31.10 vapor sterilizers must be registered and listed with the United States Food and Drug

31.11 Administration and used only as instructed by the manufacturer.

31.12 C. Autoclaves and other sterilizers must be spore tested through an independent

31.13 lab every 30 days to ensure functionality. Spore-testing results and maintenance records

31.14 must be kept on site at the salon for 36 months. Autoclaves and autoclave packaging of

31.15 tools are prohibited unless regular spore tests are performed by a contracted laboratory at

31.16 least once per month but not more than 30 days between tests. If a positive spore test is

31.17 received, the autoclave must not be used until a negative spore result is received. The salon

31.18 must maintain a log of each use, all testing samples and results, and a maintenance log of

31.19 all maintenance performed according to the manufacturer's directions. The salon must retain

31.20 the most recent 36 months of the log at the salon for review by the board.

31.21 D. Sterilized items must be stored in the package in which they were sterilized.

31.22 Each package must show the batch number and sterilization date corresponding to the log

31.23 kept of each sterilization process required in item C.

31.24 Subp. 5. Blood and body fluid exposure. Licensees must stop a service whenever

31.25 an unexpected cut, abrasion, or other injury occurs during a service resulting in exposure

312105.0375


32.1 to blood or other body fluids, or when blood or other body fluids appear as a result of a

32.2 service, and follow the steps in items A to G.

32.3 [For text of items A to F, see M.R.]

32.4 G. Contaminated tools, implements, and equipment must be cleaned and then

32.5 disinfected or sterilized according to subparts 3, 4, and 4a.

32.6 Subp. 6. Storage of items.


32.8 B. Plastic or paper bags or sealed wrapping must not be used to store disinfected

32.9 items unless the item has been sterilized by an autoclave used under the requirements of

32.10 part 2105.0377, item F subpart 4a.

32.11 C. Items pulled out for service must not come into contact with contaminated

32.12 surfaces that have not been disinfected.

32.13 D. Tools, implements, linens, and other nonelectrical items that have been removed

32.14 from clean storage must be placed in covered and closed containers labeled "used"

32.15 immediately after the service is completed, or immediately cleaned and disinfected or

32.16 sterilized. Storage containers for used items must have solid sides and lids and must be

32.17 cleaned and disinfected weekly or whenever visibly soiled. Disinfectant wipes or sprays

32.18 may be used when the container is too large to be submerged in disinfectant.

32.19 Subp. 7. Safety and infection-control practices.

32.20 A. Only cleaned, disinfected or sterilized, and properly stored tools and implements

32.21 must be used on a client.

32.22 B. A supply of disinfected or sterilized tools and implements, single-use supplies,

32.23 and disinfectant must be present and available for use by practitioners. The supply must be

32.24 sufficient, based on the practitioner and salon service volume, to ensure each client is

322105.0375


33.1 serviced with tools and implements that are either properly cleaned and disinfected or

33.2 sterilized each day.

33.3 C. All fluids, semifluids, creams, waxes, and powders must be kept in clean,

33.4 covered containers with a solid cover and must be dispensed in a manner that prevents

33.5 contamination of the unused supply.

33.6 [For text of subitems (1) to (3), see M.R.]

33.7 [For text of items D and E, see M.R.]

33.8 F. Licensees must comply with all manufacturer's directions for product and

33.9 equipment use.

33.10 (1) When the manufacturer's use directions require a patch test, the licensee

33.11 must:

33.12 (a) offer a patch test; and

33.13 (b) provide information to the client regarding the risk of potential

33.14 adverse reactions to the product.

33.15 (2) Licensees must comply with the manufacturer's directions for machine

33.16 and equipment use and maintenance.

33.17 (3) Licensees must maintain all equipment and product instructions and

33.18 manuals on the salon premises.

33.19 [For text of items G to L K, see M.R.]

33.20 L. Tools and implements must not be placed in or on clothes, aprons, pockets,

33.21 bags, or holsters, or worn by the licensee, and must not come into contact with nondisinfected

33.22 contaminated surfaces.

332105.0375


34.1 M. Tools or implements dropped on the floor or otherwise contaminated during

34.2 a service must be removed from the work station, cleaned and disinfected or sterilized, or

34.3 placed in a covered container labeled "used" until cleaned and disinfected or sterilized.

34.4 [For text of item N, see M.R.]

34.5 O. Licensees must wear gloves: as required in this part. Before donning gloves,

34.6 licensees must wash hands and wrist area with soap and water. Gloves must be changed

34.7 during a service if a glove becomes damaged or comes in contact with any nonclean surface

34.8 or objects or with a third person. Gloves must be discarded at the end of every service.

34.9 Licensees must wear gloves when:

34.10 (1) while providing skin care and performing extractions, waxing, or hair

34.11 removal services;

34.12 (2) when exposure to bloodborne pathogens is possible; and

34.13 (3) (2) when using a device or implement that penetrates the skin.;

34.14 (3) when providing any service on the skin where the skin barrier is not intact

34.15 or is compromised;

34.16 (4) when the licensee's skin on the hand is not intact or is compromised; and

34.17 (5) when mixing or touching disinfectant solutions.


34.19 Subp. 11. Electrical and electronic tools. Electric clippers, nail drills, flat irons, blow

34.20 dryers, glass or metal electrodes, high frequency wands, esthetic machines, steamers,

34.21 diffusers, or other electric or electronic tools must be cleaned and disinfected or sterilized

34.22 after each use, including the body, handle, and attached cord.


342105.0375


35.1 B. Metal guards, clipper blades, drill bits, and other parts designed to be removed

35.2 must be removed. All product residue, hair, skin debris, nail dust, and other visible debris

35.3 must be removed using a disinfected brush or clean towel, and the removable part must be

35.4 disinfected with an EPA-registered, hospital-level disinfectant spray or wipe after each use.

35.5 The surfaces must remain wet with the spray or wipe disinfectant for the contact time listed

35.6 on the disinfectant label and the manufacturer's directions must be followed.

35.7 [For text of items C to E, see M.R.]

35.8 F. Skin care machines and equipment must be cleaned and then disinfected or

35.9 sterilized according to the manufacturer's directions.


35.11 2105.0377 SALON PROHIBITIONS.


35.13 C. Cosmetologists and estheticians must not use any tool or equipment designed

35.14 to penetrate beyond the stratum corneum of the epidermis. Nail technicians must not use

35.15 any tool or equipment to penetrate the skin.

35.16 D C. Roll-on wax is prohibited. Single-use roll-on wax cartridges are acceptable

35.17 but must be disposed of immediately after service. Roll-on wax cartridges warming in a

35.18 wax heater must have an intact seal. The heating unit is subject to the requirements of part

35.19 2105.0375 and must be cleaned and disinfected after each use.

35.20 E D. UV sterilizers or light boxes are not an acceptable infection control device

35.21 and must not be present in a salon. This does not apply to UV dryers or ultraviolet lamps

35.22 used to dry or cure nail products.

35.23 F E. Autoclave packaging of tools is prohibited unless an autoclave is used and

35.24 the salon is in compliance with part 2105.0375, subpart 4a.

352105.0377


36.1 G F. Electric or battery-operated files or drills not specifically manufactured for

36.2 use on humans are prohibited.

36.3 H G. Practitioners must not use tools or implements provided by customers unless

36.4 the practitioner first cleans and then disinfects or sterilizes the tool or implement.

36.5 Customer-supplied prohibited tools must not be used and must be immediately removed

36.6 from the salon premises. Customer-supplied single-use items must be new.

36.7 I H. Salons must not store a customer's tools or implements.

36.8 J I. Only single-use sterile lancets may be used.

36.9 2105.0390 SALON SUPERVISION.

36.10 A. The owner and the designated licensed salon manager (DLSM) registered with

36.11 the board are responsible for the salon at all times, even when not present at the salon. The

36.12 owner and the DLSM must ensure that:

36.13 (1) all practitioners, including nonemployees, who perform licensed services

36.14 in the salon are in compliance with this chapter and Minnesota Statutes, chapter 155A; and


36.16 B. The salon must designate and register only one person as the DLSM, consistent

36.17 with part 2105.0305, for each salon license held by the salon. This does not preclude a salon

36.18 from having a business manager or other managers who are not licensed as operators or

36.19 managers. Salons holding both a nail salon and an esthetician salon license may have a

36.20 designated licensed salon manager for each license, or a cosmetologist salon manager may

36.21 serve as the designated licensed salon manager for both licenses. An advanced practice

36.22 esthetician salon manager may serve as a DLSM for an esthetician salon or an advanced

36.23 practice esthetician salon.


362105.0390


37.1 2105.0410 LICENSED SERVICES NOT OFFERED IN A LICENSED SALON.


37.3 Subp. 2. Special events permits.

37.4 A. Licensees with an active manager's license may apply online for a special

37.5 events permit. Applicants must carry professional liability coverage of at least $25,000 for

37.6 each claim and $50,000 total coverage for each policy year, and must pay the fees required

37.7 by Minnesota Statutes, section 155A.33.

37.8 B. The permit holder may only provide the following services:

37.9 [For text of subitems (1) and (2), see M.R.]

37.10 (3) cosmetologists, estheticians, and advanced practice estheticians may

37.11 remove and apply makeup.

37.12 C. Permits have the restrictions in subitems (1) to (6).

37.13 (1) Permits expire on December 31 of the year in which the permit is issued,

37.14 but are valid only with an active manager's license held by the permit holder.



37.17 E. A special event permit holder must not use the permit to provide regulated

37.18 services in a mobile vehicle or mobile structure that is owned or operated by the permit

37.19 holder or a board licensee unless the mobile vehicle or mobile structure is licensed as a

37.20 mobile salon under this part. A licensed mobile salon does not require a special event permit

37.21 for services offered in the mobile salon.

37.22 Subp. 3. Homebound permit. A homebound service permit authorizes a licensee to

37.23 provide services in a licensed nursing home to residents or in the residence of an individual

37.24 who is homebound.

372105.0410


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

38.2 (1) hold an active Minnesota cosmetologist, nail technician, esthetician,

38.3 advanced practice esthetician, or salon manager license;


38.5 [For text of item B, see M.R.]

38.6 C. A homebound service permit is not valid unless the permit holder's practitioner

38.7 license is active. If the practitioner's license has expired, a permit must not be used until the

38.8 practitioner has renewed the practitioner license.

38.9 [For text of items D to F, see M.R.]

38.10 2105.0830 COMPLIANCE WITH OTHER REGULATIONS.

38.11 Compliance with this chapter does not ensure compliance with other requirements set

38.12 forth by federal, state, and local laws, codes, ordinances, and regulations as they apply to

38.13 business operation, physical construction and maintenance, safety, and public health.

38.14 2110.0010 DEFINITIONS.


38.16 Subp. 2a. Active license. "Active license" means a current license that has not expired

38.17 and is not retired.

38.18 Subp. 3. [Repealed, 41 SR 305]

38.19 Subp. 3a. Advanced exfoliation. "Advanced exfoliation" means a cosmetic procedure

38.20 removing skin cells throughout to partially or completely remove the epidermis through

38.21 manual, mechanical, or chemical means.

38.22 Subp. 3b. Advanced extraction. "Advanced extraction" means extractions performed

38.23 using lancets or needles.

382110.0010


39.1 [For text of subps 4 to 15 5, see M.R.]

39.2 Subp. 5a. Basic exfoliation. "Basic exfoliation" means the removal of dead skin cells

39.3 in the stratum corneum layer of the epidermis through manual or chemical means.

39.4 Subp. 5b. Basic extraction. "Basic extraction" means extractions performed using

39.5 gloved fingers, cotton swabs, or comedone extractors.


39.7 Subp. 15a. Electrical energy treatments. "Electrical energy treatments" means

39.8 advanced practice esthetic services for the personal cosmetic care of the skin epidermis that

39.9 use various forms of light or electrical energy including light, direct current, indirect current,

39.10 and sound.


39.12 Subp. 16a. Extraction. "Extraction" means the cosmetic technique of removing

39.13 impactions and comedones from follicles.


39.15 Subp. 18a. Lymphatic drainage. "Lymphatic drainage" means a procedure using a

39.16 light rhythmic pressure applied by manual or other means to the skin using specific lymphatic

39.17 manipulations to promote drainage of the lymphatic fluid through the tissue.

39.18 [For text of subps 16 18a to 19, see M.R.]

39.19 Subp. 20. Unregulated service. "Unregulated service" means those services not

39.20 defined as the practice of cosmetology under Minnesota Statutes, section 155A.23,

39.21 subdivision 3, and that are exempt from regulation by the board. Unregulated services are

39.22 ear piercing,; body art,; body painting,; henna tattoos and permanent tattoos,; eyebrow

39.23 embroidery,; eyebrow microblading,; permanent hair removal, and; permanent makeup;

39.24 tanning by UV radiation and spray tanning units; injectables; services for theatrical,

392110.0010


40.1 television, film, fashion, photography, or media productions; media appearances; mortuary

40.2 services; massage; body wraps and lymphatic drainage when performed by a massage

40.3 therapist; and the practice of medicine as defined in Minnesota Statutes, section 147.081,

40.4 subdivision 3; hair braiding, hair braiding services, and hair braiders, as defined in subparts

40.5 17a to 17c; and threading as defined in Minnesota Statutes, section 155A.23, subdivision

40.6 13. Ordinances by local units of government that prohibit hair braiding, hair braiding services,

40.7 or hair braiders, as defined in subparts 17a to 17c, or regulate any matter relating to licensing,

40.8 testing, or training of hair braiding, hair braiding services, or hair braiders are preempted

40.9 by this part.

40.10 2110.0125 INSPECTIONS.


40.12 Subp. 4. Inspection penalties and discipline.


40.14 B. Board staff must issue penalties prescribed in Minnesota Statutes, section

40.15 155A.25, for violations in subitems (1) to (3) cited during a board inspection of a school

40.16 except as provided for in subpart 5. Licensees must pay penalties in full before any license

40.17 is renewed or issued.

40.18 (1) A school is subject to penalty for violations cited during an inspection

40.19 for:

40.20 [For text of units (a) to (c), see M.R.]

40.21 (d) each active license of an instructor, designated school manager, or

40.22 school not conspicuously displayed;

40.23 [For text of units (e) to (g), see M.R.]

402110.0125


41.1 (2) A DSM is subject to penalty for violations cited during a school inspection

41.2 for:

41.3 [For text of units (a) to (c), see M.R.]

41.4 (d) each active license of an instructor, designated school manager, or

41.5 school not conspicuously displayed;

41.6 [For text of units (e) to (g), see M.R.]

41.7 (3) An instructor is subject to penalty for violations cited during a school

41.8 inspection for:

41.9 [For text of unit (a), see M.R.]

41.10 (b) the instructor's active license not conspicuously displayed;

41.11 [For text of units (c) to (e), see M.R.]


41.13 2110.0310 SCHOOL LICENSURE.

41.14 Subpart 1. Application contents. An applicant for a cosmetology school must apply

41.15 on forms supplied by the board, giving the following information:

41.16 [For text of items A to L, see M.R.]

41.17 M. a roster of all instructors, including license number, type of license, designation

41.18 of employment status (full time or part time) and days of the week and hours scheduled for

41.19 instruction;

41.20 [For text of item N, see M.R.]

41.21 O. a complete inventory of facilities, equipment, and machines supportive of

41.22 instructional and clinical operations, as required by this chapter;

412110.0310


42.1 [For text of items P to W, see M.R.]


42.3 2110.0320 MAINTAINING A SCHOOL LICENSE.

42.4 [For text of subps 1 to 13 9, see M.R.]

42.5 Subp. 10. Change or addition of courses and curriculum.

42.6 A. A school planning to discontinue any course offering must notify the board

42.7 via e-mail.

42.8 B. A school planning to add a new course offering or a change to the curriculum

42.9 for a currently approved course must apply for and receive board approval prior to offering

42.10 the new or changed course. Application must include:

42.11 (1) the course name and anticipated first offering date; and

42.12 (2) a detailed outline of the course or lesson plan, including:

42.13 (a) topics of the units of instruction;

42.14 (b) for each unit, identifying the hours devoted to the unit and designating

42.15 the hours as theory, preclinic, or clinic hours;

42.16 (c) for each unit, identifying the unit prerequisites necessary for a student

42.17 to have completed prior to beginning the unit;

42.18 (d) for each unit, identifying the textbook and supplementary instructional

42.19 resources; and

42.20 (e) an indication of whether or not the school's instructors will use the

42.21 instructor's manual associated with the textbook curriculum.; and

42.22 (3) an inventory of each device, equipment, instrument, or tool to be used by

42.23 students. For each item, indicate:

422110.0320


43.1 (a) how many students will share the use of the item;

43.2 (b) whether students will use it in mannequin practice, student-student

43.3 practice, or in clinical practice; and

43.4 (c) whether the item will be used in services offered and listed on the

43.5 service menu in the school clinic.


43.7 Subp. 14. License. A cosmetology school must not operate without an active and

43.8 conspicuously displayed school license.


43.10 Subp. 16. Separation of school from any salon. A salon must be operated as a

43.11 separate and distinct business and the salon must be completely separated physically from

43.12 the school.

43.13 2110.0390 PHYSICAL REQUIREMENTS.


43.15 Subp. 3a. Dispensary. Each school must have a dispensary area used to mix chemicals,

43.16 mix disinfecting solutions, disinfect or sterilize tools and implements, and to store hazardous

43.17 supplies. The dispensary must have a clean waste receptacle emptied daily.



43.20 2110.0500 CURRICULUM APPROVAL AND CONTENT.

43.21 Subpart 1. Curriculum approval. Cosmetology schools must have a board-approved

43.22 curriculum divided into daily lesson plans. The curriculum must include theory and practical

43.23 application of skills, including the instruction in parts 2110.0510 to 2110.0530.

432110.0500



44.2 Subp. 3. Guest presenters. Guest presenters may be used by a school when

44.3 accompanied by the regular course instructor as long as the guest presenters are limited to

44.4 one percent of the total curriculum time. If the regular course instructor is not in attendance

44.5 when a guest presenter is present, the limitations of part 2110.0630 apply unless the guest

44.6 presenter holds an active instructor license.


44.8 2110.0520 ESTHETICIAN TRAINING.


44.10 B. The first 120 hours must be preclinical instruction in the theory of sciences of

44.11 anatomy, dermatology, and chemistry as related to skin care; infection control; safety

44.12 procedures related to the practice of skin care; and Minnesota statutes and rules that pertain

44.13 to the regulation of the practice of skin care; student orientation; and elementary service

44.14 skills. Elementary service skills must be limited to the observation of an instructor

44.15 demonstration, or student-to-student application of basic services related to esthetics.

44.16 C. There must be instruction in applied science and skills in the procedures of

44.17 cosmetic care of the skin, client consultation and skin analysis, applications of facials and

44.18 makeup, and in waxing.


44.20 2110.0525 ADVANCED PRACTICE ESTHETICIAN TRAINING.

44.21 A. Advanced practice (AP) esthetician training must consist of a board-approved

44.22 curriculum of 600 500 hours that includes items B to E. A prerequisite for the training is

44.23 completion of the esthetician or cosmetologist training in part 2110.0520 at a board-licensed

44.24 school within the past five years or an active Minnesota license as a cosmetologist or

44.25 esthetician.

442110.0525


45.1 B. Part 2110.0500, subparts 2 and 3, do not apply to AP esthetician curriculums.

45.2 Up to five percent of the AP esthetician curriculum may be accomplished through field

45.3 trips, and up to five percent of the AP esthetician curriculum may be provided by guest

45.4 presenters when accompanied by the instructor. If the regular course instructor is not in

45.5 attendance when a guest presenter is present, the limitations of part 2110.0630 apply unless

45.6 the guest presenter holds an active instructor license.

45.7 C. A combined esthetician and AP esthetician program approved by the board

45.8 may be offered to any student and must include both the esthetician training in this part and

45.9 part 2110.0520. Students who partially complete a combined program under this item are

45.10 not eligible for an esthetician license unless the partial training received meets the

45.11 requirements of part 2110.0520.

45.12 D. There must be theoretical instruction in the following: advanced cell histology

45.13 of the skin; lymphatic system; wound healing; skin classification systems; dermatological

45.14 disorders and terminology; advanced practice skin care treatments; chemistry and

45.15 biochemistry of product ingredients and modalities; electrical and light energy; client

45.16 consultation with skin classifications and medical history; infection control; and health and

45.17 safety.

45.18 E. There must be clinical instruction in the following: professional skin treatments

45.19 within the scope of practice for an AP esthetician on skin analysis, client consultation;

45.20 manual and machine advanced exfoliation services, electric energy treatments, lymphatic

45.21 drainage, and infection control and safety procedures.

45.22 (1) skin analysis;

45.23 (2) client consultation;

45.24 (3) dermaplaning or a machine exfoliation service;

452110.0525


46.1 (4) chemical peels to include alpha hydroxy acids, beta hydroxy acids,

46.2 trichloroacetic acids, and blended acid peels;

46.3 (5) electrical energy services to include services using direct current, indirect

46.4 current, sound energy, and light energy;

46.5 (6) advanced facial treatments using lymphatic drainage and advanced

46.6 extractions;

46.7 (7) skin needling; and

46.8 (8) infection control and safety procedures.

46.9 2110.0545 SKILLS COURSES.


46.11 C. Cosmetologists must attend a cosmetologist skills course taught by a

46.12 cosmetology instructor, estheticians must attend an esthetician skills course taught by an

46.13 esthetician, advanced practice (AP) esthetician, or cosmetology instructor, and nail

46.14 technicians must attend a skills course taught by a nail technician or cosmetology instructor.

46.15 AP estheticians must attend a skills course taught by an AP esthetician instructor.


46.17 2110.0630 INSTRUCTORS.

46.18 [For text of items A to D, see M.R.]

46.19 E. Esthetician instructors and nail Instructors are restricted to instruction in the

46.20 area of their practitioner license and may not instruct in other disciplines. Advanced practice

46.21 esthetician instructors are restricted to instruction in esthetics and advanced practice esthetics.

46.22 [For text of item F, see M.R.]

462110.0630


47.1 2110.0670 STUDENT RECORDS.

47.2 [For text of items A to D, see M.R.]

47.3 E. The school must maintain the following reports for each student:


47.5 (5) documentation signed by the school owner or DSM must indicate that

47.6 the student has successfully completed the course of training, including documentation of

47.7 the student's completion of the practical exercises, as required by parts 2110.0510, item D;

47.8 2110.0520, item D, subitem (1); and 2110.0530, item D, subitem (1), or as required by the

47.9 board-approved curriculum; and documentation of the student's successful completion of

47.10 the skills certification review, on a form acceptable to the board; and


47.12 2110.0705 TRANSFER STUDENTS.

47.13 Subpart 1. Transfers from another school or state. Students who have completed

47.14 a portion of required training at another school or in another state or country may apply as

47.15 a transfer student to a cosmetology school to complete the required training. Accrued student

47.16 hours are valid for five years and apply to students who have partially completed a school

47.17 program in or out of state. The school must include in the student's records documentation

47.18 of any transfer of credits, and copies of student transcripts and records from the original

47.19 school. Any records from another country, including records in English, must be evaluated

47.20 by a board-approved credentialing agency at the student's or school's expense.


47.22 Subp. 2. Practitioners from other countries applying as a transfer student for an

47.23 evaluation. Individuals who have practiced cosmetology in other countries and who are

47.24 seeking licensure must obtain a course completion certificate by a licensed cosmetology

47.25 school as a requirement to become licensed. The applicant may apply as a transfer student

472110.0705


48.1 and request an evaluation to identify any further training necessary to obtain the course

48.2 completion certificate.

48.3 Subp. 3. Evaluation of transfer students.

48.4 A. The method of evaluation must include a review of the student's records,

48.5 training, and work experience, and must include a skills test. Any records from another

48.6 country, including records in English, must be evaluated by a board-approved credentialing

48.7 agency at the student's or school's expense.

48.8 B. The evaluation results must identify any specific additional training necessary

48.9 for the issuance of the course completion certificate, based on the training requirements

48.10 identified in this chapter for cosmetologists, estheticians, and nail technicians each field of

48.11 licensure and the school's assessment of the student's training and experience.

48.12 C. The school must maintain in the student's record the evidence and documentation

48.13 of the school's evaluation, including the method of evaluation, the dates and location of the

48.14 student's original training, any testing results, copies of any transcripts or diplomas used in

48.15 the evaluation, and an explanation of the typical training or apprenticeship required in the

48.16 country where the student previously practiced.

48.17 2110.0710 FULL COURSE OF INSTRUCTION.

48.18 No student shall be enrolled in a school for less than a full course of instruction, except

48.19 that a licensed individual or a previously licensed individual requesting a refresher course,

48.20 an applicant who has failed the state examination and requests additional training, a transfer

48.21 student, a student who has enrolled only to learn unregulated services, and reciprocity

48.22 applicants who require additional schooling may be enrolled for these purposes.

48.23 2110.0720 DISPLAY OF LICENSES.

48.24 Active licenses of all instructors, the designated school manager, and the school must

48.25 be conspicuously posted in the reception area.

482110.0720


49.1 2110.0740 SCHOOL CLINICS.

49.2 [For text of items A to G, see M.R.]

49.3 H. All students are required to wear an identification badge at all times. The badges

49.4 must be at least two inches by one inch; state the student's name; and state that the student

49.5 is either a "Cosmetologist Student," "Esthetician Student," "AP Esthetician Student," or

49.6 "Nail Technician Student." Badges must be furnished by the school as part of tuition costs.

49.7 [For text of items I and J, see M.R.]

49.8 REPEALER. Minnesota Rules, parts 2105.0010, subpart 3a; and part 2105.0420, are is

49.9 repealed.

492110.0740


Documents

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