licensing

Change of business structure

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

Salon premises.

Regulated cosmetic services must not be provided in a place other than a licensed salon or licensed school, or as otherwise provided by this chapter

SALONS LOCATED IN PRIVATE RESIDENCES

Salons may be established in private residences if the conditions in items A to G are met. A. The salon must meet the requirements of this chapter. B. The salon space must not be used for any residential purposes at any time. C. The salon must be completely separated from the residential areas. There must be a permanent, solid partition from floor to ceiling between the salon and the residential areas, and any door in between them must be kept closed at all times. D. All cosmetology services must be provided in the salon space. E. Laundry tubs must not be used as shampoo bowls. F. If the salon space does not include a restroom, licensees and customers must have access to the residential bathroom. All medications and hazardous substances in the residential bathroom must be kept in locked cupboards. G. If the salon owner or DLSM is at the home when a board inspector visits, the board inspector must be allowed access to the salon space for the purposes of an inspection, even if the salon is not open for business at the time of the inspection visit.

Unlicensed persons.

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

Audit

The board shall conduct random audits of active licensees and continuing education providers to ensure compliance with the requirements of this section. To initiate an audit, the board shall notify an active licensee of the audit and request proof of credits earned during a specified period. The licensee must provide the requested proof to the board within 30 days of an audit notice. The board may request that a continuing education provider verify a licensee's credits. The provider must furnish verification, or a written statement that the credits are not verified, within 15 days of the board's request for verification. If the board determines that a licensee has failed to provide proof of necessary credits earned during the specified time, the board may revoke the individual's license and may deem the individual an expired practitioner subject to penalty under section 155A.25 or 155A.36. The board staff shall have unrestricted free access to any provider's class offerings to verify adherence to the provider's approved lesson plan and overall compliance with this chapter.

Requirements

The conditions and process by which a salon is licensed shall be established by the board by rule. In addition to those requirements, no license shall be issued unless the board first determines that the conditions in clauses (1) to (5) have been satisfied: (1) compliance with all local and state laws, particularly relating to matters of infection control, health, and safety; (2) the employment of a manager, as defined in section 155A.23, subdivision 8; (3) if applicable, evidence of compliance with workers' compensation section 176.182; and (4) evidence of continued professional liability insurance coverage of at least $25,000 for each claim and $50,000 total coverage for each policy year for each operator.

Change of name

Within 30 days of any legal name change, licensees must provide legal documentation of the name change and pay any fee required by Minnesota Statutes, section 155A.25. The license in the former name is invalid on the 31st day of the new legal name

Suite signage and advertising

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

INTOXICANTS AND CONTROLLED SUBSTANCES.

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

Special event services permit

(a) No person shall perform special event services without first obtaining a special event services permit from the board. To be eligible for a special event services permit, a person must have a valid manager's license issued by the board under the authority of section 155A.27. (b) An individual applying for a special event services permit must submit to the board, on a form approved by the board, an application for a special event services permit. (c) An individual providing services under a special event services permit may only perform services within the individual's specific field of licensure and as defined by the permit. The services provided pursuant to the special event services permit must comply with the requirements of this chapter and all federal, state, and local laws.

Continuing education providers

(a) Only a board-licensed school of cosmetology, a postsecondary institution as defined in section 136A.103, paragraph (a), or a board-recognized professional association organized under chapter 317A may be approved by the board to offer continuing education for credit under subdivision 1, paragraph (a). Continuing education under subdivision 1, paragraph (b), may be offered by a: (1) board-licensed school of cosmetology; (2) board-recognized professional association organized under chapter 317A; or (3) board-licensed salon. An approved school or professional association may offer web-based continuing education instruction to achieve maximum involvement of licensees. Continuing education providers are encouraged to offer classes available in foreign language formats. (b) Board approval of any continuing education provider is valid for one calendar year and is contingent upon submission and preapproval of the lesson plan or plans with learning objectives for the class to be offered and the payment of the application fee in section 155A.25, subdivision 1a, paragraph (d), clause (11). The board shall maintain a list of approved providers and courses on the board's website. The board may revoke authorization of a continuing education provider at any time for just cause and the board may demand return of documents required under subdivision 3.

continuing education Continuing education requirements

(a) To qualify for license renewal under this chapter as an individual cosmetologist, nail technician, esthetician, advanced practice esthetician, eyelash technician, or salon manager, the applicant must complete four hours of continuing education credits from a board-approved continuing education provider during the three years prior to the applicant's renewal date. One credit hour of the requirement must include instruction pertaining to state laws and rules governing the practice of cosmetology. Three credit hours must include instruction pertaining to health, safety, and infection control matters consistent with the United States Department of Labor's Occupational Safety and Health Administration standards applicable to the practice of cosmetology, or other applicable federal health, infection control, and safety standards, and must be regularly updated so as to incorporate newly developed standards and accepted professional best practices. Credit hours earned are valid for three years and may be applied simultaneously to all individual licenses held by a licensee under this chapter. (b) Effective August 1, 2017, in addition to the hours of continuing education credits required under paragraph (a), to qualify for license renewal under this chapter as an individual cosmetologist, nail technician, esthetician, advanced practice esthetician, or salon manager, the applicant must also complete a four credit hour continuing education course from a board-approved continuing education provider based on any of the following within the licensee's scope of practice: (1) product chemistry and chemical interaction; (2) proper use and maintenance of machines and instruments; (3) business management, professional ethics, and human relations; or (4) techniques relevant to the type of license held. Credits are valid for three years and must be completed with a board-approved provider of continuing education during the three years prior to the applicant's renewal date and may be applied simultaneously to other individual licenses held as applicable, except that credits completed under this paragraph must not duplicate credits completed under paragraph (a). (c) Paragraphs (a) and (b) do not apply to an instructor license, a school manager license, or an inactive license

types of salons and maintaining salon licenses Licensing

A person must not offer cosmetology services for compensation unless the services are provided by a licensee in a licensed salon or as otherwise provided in this section. Each salon must be licensed as a cosmetology salon, a nail salon, esthetician salon, advanced practice esthetician salon, or eyelash extension salon. A salon may hold more than one type of salon license.

Change of owner.

A salon license must not be transferred when the salon is sold, or when a corporation owning a salon is sold. If the salon license has not expired, the new owner has 60 days after the date of the change of ownership to become licensed according to part 2105.0310. If a new license has not been issued by day 61, the salon must cease operations until a license is issued. If the salon license is expired at the time of the change of ownership, the new owner may not operate the salon until the salon is licensed

Change of location

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

Residential salons

A salon shall not be located in a room used for residential purposes. If a salon is in the residence of a person practicing cosmetology, the rooms used for the practice of cosmetology shall be completely partitioned off from the living quarters.

Remodel of physical premises.

A salon that is remodeling or adding additional contiguous space to the current licensed salon is not required to report such changes to the board, but must ensure that any changes made are in compliance with this chapter and with applicable building codes and permit processes

CE and other renewal requirements for school managers

A school manager renewing a license must complete a CE class or seminar in business practices of at least four hours, no more than three years prior to the renewal application, and retain proof of completion as required in subpart 5. B. To renew the school manager's license, a school manager must hold an active cosmetology salon manager's license. C. School manager CEs are valid for only one license renewal. D. A school manager may apply four CEs from an approved professional practice CE course on business management to the renewal of both the underlying salon manager license and the school manager license

LICENSE CYCLE.

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

LICENSE RENEWAL FOR INDIVIDUALS. Application for renewal of license.

All licenses expire on the last day of the individual's birth month of the year due and each licensee is responsible for applying to renew the license without notice from the board. If more than three years have passed since the expiration date of the license, the license is not eligible for renewal under this section, and the requirements of part 2105.0215 apply. A. The board must return incomplete renewal applications to the applicant with notice of the items that are incomplete. B. The applicant must pay late fees required by Minnesota Statutes, section 155A.25, if a license renewal application or a resubmitted application is received after the expiration date of the license. C. A licensee whose renewed license has not been issued by the board by the end of the business day on the licensee's expiration date is not authorized to practice after the expiration date until a license is issued, and any unlicensed practice after the expiration date is subject to the inspection penalties in part 2105.0115 and disciplinary provisions as described in Minnesota Statutes, section 155A.33

Application

An applicant for a salon license must apply on forms supplied by the board, giving the following information: A. the salon name and the legal name of the salon and its owners; the physical address and, if the post office refuses to deliver mail to the salon, an alternate mailing address; telephone number; and e-mail address; B. the names, postal addresses, e-mail addresses, and telephone numbers of all owners of sole proprietorships or partnerships and controlling officers of corporations; C. notarized signatures of the owners of sole proprietorships or notarized signatures of partners in general partnerships and limited liability partnerships, and the controlling officers of corporations or authorized signatory of corporations attesting to the truth and accuracy of the application for licensure; D. an active Certificate of Assumed Name from the secretary of state if the salon is doing business under a name different than the full legal name of the salon owner; E. an active Certificate of Organization from the secretary of state, except for sole proprietorships and general partnerships; F. a Social Security number for a sole proprietor, and a state tax identification number for all other businesses; G. current Certificate of Insurance of professional liability insurance as required by Minnesota Statutes, section 155A.29, subdivision 2; H. current Certificate of Workers' Compensation Insurance, unless the salon is not required to provide insurance coverage under the Minnesota Workers' Compensation Act, Minnesota Statutes, chapter 176; I. a statement attesting to the salon's compliance with applicable building codes, the Minnesota State Fire Code, and applicable OSHA requirements; J. a legible floor plan of the salon, drawn to scale, providing the dimensions of the salon as a whole and designating the size and location of all entrances and exits, and indicating the location and dimensions of all required areas, facilities, and equipment required in part 2105.0360; and K. the name, license number, and notarized signature of the DLSM accepting the responsibilities of the DLSM. The DLSM must meet the requirements of part 2105.0305.

CE and other renewal requirements for instructors

An instructor must complete 45 hours of board-approved CEs within three years before the license renewal, including at least 30 hours in teaching methodology and 15 hours on clinical practice in the field of licensure. Licensees must retain proof of the CE credits as required in subpart 5. B. In addition to any board-approved instructor CE course, an instructor may use qualifying credits from completed classes on teaching methods or clinical practice from the MnSCU system schools, the University of Minnesota, or other postsecondary schools licensed by the Office of Higher Education but not licensed by the board. Preapproval of such courses is not required. The instructor must retain an official transcript and the class syllabus or catalog course description, which must establish the class hours and establish that the content of the course is based on teaching methodology or clinical practice. Postsecondary courses are equivalent to 16 CE hours per credit and lab courses are equivalent to 32 CE hours per credit. CEUs earned are accepted as one CE hour per CEU credit. C. Instructors teaching approved instructor CE courses may apply CE hours from the courses to the instructor's license renewal if the CE hours are claimed only once per course, and are not used again on future renewals. D. Instructors teaching approved core and professional practice CEs may apply the CE hours from the courses on the instructor's operator or salon manager license renewal if the CE hours are claimed only once per course, and are not used again on future renewals. E. The instructor may apply a maximum of 15 CE hours from instructor CE classes taught by the instructor each renewal period. F. Instructor CEs are valid for only one license renewal. G. To renew an instructor's license, the instructor must hold an active operator or salon manager license in the area in which the instructor holds an instructor's license. H. When a course has been approved by the board as both a professional practice CE course and as an instructor clinical practice CE course, licensees may apply the CEs earned from the course to the renewal of both the instructor license and the practitioner license.

New services or devices.

Before providing any service using a product, technique, device, or equipment new to the licensee, the licensee must: A. ensure that the use of the product, device, or technique is within the licensee's scope of practice as defined in part 2105.0105; B. review and comply with any manufacturer's directions for use, safety requirements, and contraindications; C. maintain a record of any training received by the licensee on the product, technique, or device, for as long as the licensee is using the product, technique, or device; and D. attest that the licensee has the knowledge and training necessary to safely provide the service using the new product, technique, or device.

Sinks

Each suite-style salon must have a designated handwashing sink and disinfecting area in the suite-style salon that meets the requirements of part 2105.0360, subpart 6.

DISPLAY OF LICENSE

Every holder of a license granted by the board shall display it in a conspicuous place in the place of business.

155A.275 SPECIAL EVENTS. Special event services

For purposes of this section, "special event services" means services rendered for compensation and performed at a location other than a licensed salon. These services are limited to the practice of nonpermanent manipulation of the hair, including: styling, setting, reinforcing, or extending the hair; the application of nail polish to the nails; and the application of makeup to the skin

Audit of renewal.

Fraudulent reporting of qualifications or CE credits is subject to penalties and discipline, including revocation of the license, as provided in Minnesota Statutes, sections 155A.271 and 155A.33. B. A licensee must maintain proof of CE credits for four years after the date of the class. If the renewal is audited by the board, the licensee must provide proof of requested items within 30 days of the board's request. C. If the renewal is audited by the board, the licensee must provide proof of requested items within 30 days of the board's request. When a licensee fails to respond or does not provide proof as requested in an audit, and the board cannot verify the licensee's CEs through the provider identified by the licensee, the board must rescind the renewal that was based on the unverified credits. The licensee is subject to discipline as identified in item A, and the licensee may not practice until a new license is issued. To renew the license, in addition to any disciplinary requirements and penalties, the licensee must complete and provide verification from the CE providers that the licensee completed the CE requirements.

Requirements for mobile salon

In addition to complying with the requirements for a salon in subdivision 2, the holder of a salon license for a mobile salon must: (1) maintain a permanent business address; and (2) notify the board of the locations and schedule of operation of a mobile salon.

Renewal

Licenses shall be renewed every three years by a process established by rule

Infection control standards.

Minimum infection control standards for the operation of a salon shall be established by rule. The salon may be inspected as often as the board considers necessary to affirm compliance.

SUITE-STYLE SALONS Suite-style salons

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

Proof of credits.

The continuing education provider shall provide to licensees documentation establishing completion of the class. Licensees shall retain proof of their continuing education credits for one year beyond the credit's expiration. The continuing education provider shall retain documentation of all licensees completing a class and the licensee's credit hours awarded by them for five years.

Exemption

The facility in which a person provides threading and no other services requiring licensure by this chapter is exempt from the requirement for a salon license under this section

Compliance with applicable law.

The licensee is responsible for verifying that the salon or school in which the licensee is practicing has an active license, and the licensee must continuously comply with all applicable provisions of Minnesota statutes and rules.

Continuing education (CE) requirements for practitioners

The licensee must complete the following continuing education (CE) requirements before applying to renew a license: A. A cosmetologist, nail technician, esthetician, advanced practice esthetician, or salon manager renewing a license must complete a total of eight hours of CE credits from board-approved providers within the three years prior to the date of the license renewal. Licensees must maintain proof of completion of the CE credits as required in subpart 5. The eight hours must consist of: (1) four hours of core CEs, consisting of one hour pertaining to state cosmetology laws and rules, and three hours related to health, safety, and infection control matters; and (2) four hours of professional practice CEs, consisting of one or more of the following topics within the licensee's scope of practice: (a) product chemistry and chemical interaction; (b) proper use of machines and instruments; (c) business management, professional ethics, and human relations; or (d) techniques relevant to the type of license held by the practitioner. B. An eyelash technician renewing a license must complete a total of four hours of core CE credits consisting of one hour of state cosmetology laws and rules and three hours of health, safety, and infection-control matters from board-approved providers within the three years prior to the date of the license renewal. Licensees must maintain proof of completion of the CE credits as required in subpart 5. C. The CE credits are valid for only one license renewal period, but may be applied to multiple licenses held by the same practitioner if the CEs were completed within three years prior to the license renewal date.

Compliance

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

Address change

The licensee must maintain a current mail address on file with the board, and must update the address within 30 days of any address change. Licensees may also provide an e-mail address to receive general e-mail notifications from the board.

Fee

The licensee must pay the fees as required by Minnesota Statutes, section 155A.25.

Renewal

The licensee must renew the license as required by part 2105.0200.

Product sales or marketing prohibited.

The marketing or sale of any product is prohibited during a continuing education class receiving credit under subdivision 1.

Display of license.

The practitioner must conspicuously post an original, unaltered, and current license at each salon where the practitioner practices. The conditions in items A to D must be met at all times A. Either the license or the full name of the licensee as shown on the license must be posted at each workstation in the salon used by the licensee. Name tags worn by the licensee or business cards prominently displayed at a workstation meet this requirement if the full name shown on the license is used. B. Whenever the license is not posted at the workstation, the practitioner must post a license at the reception area or at each customer entrance of the salon. C. Copies of licenses do not meet the requirements of license posting. Licensees must obtain duplicate licenses from the board in order to post licenses at multiple workstations or multiple salons. After a license is issued by the board, a printout of the online license status from the board Web site showing an active license may be used to meet the posting requirements for a maximum of 30 days beginning on the license issuance date. D. Licenses and names posted must provide the public with a full, unobstructed view of the unaltered license or name.

Inspection result posting requirements in suite-style salon

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

MAINTAINING SALON LICENSE Scope

The requirements in this part apply to all salon licensees

Safety data sheets in suite-style salon.

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

SALON LICENSURE APPLICATION All salon licenses

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

Compliance in suite-style salons

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

Salon license posting requirements in suite-style salon.

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

Maintain insurance.

The salon must maintain any required workers' compensation insurance as required by Minnesota Statutes, section 155A.29, subdivision 2, for the salon and salon employees. B. The salon must maintain professional liability insurance as required by Minnesota Statutes, section 155A.29, subdivision 2, for the salon and salon employees, and must ensure that each practitioner leasing space in the salon continuously maintains professional liability insurance or is covered by the salon's professional liability policy. §C. The salon must maintain proof of current professional liability insurance on the salon premises for the salon and all licensees practicing under the salon license.

Change of DLSM

The salon owner must inform the board in writing within ten business days of the departure or resignation of the DLSM. The salon has 60 days from the date of the change to register with the board a new DLSM meeting the requirements of part 2105.0305.

Change of name

This part applies only to salon name changes and does not apply to changes of ownership. The board must reissue the salon license in the new name under the same license cycle after the salon owner has met the requirements of this subpart. Within 60 days of the name change, the salon owner must: A. submit a salon name change form to the board; B. provide legal documentation of the name change and any other documents the business is required to file with the secretary of state under state law because of the name change; C. provide a certificate of insurance showing the salon's new name for professional liability insurance; D. provide a certificate of insurance in the new salon name for workers' compensation insurance if applicable; and E. pay the fees required in Minnesota Statutes, section