MN Rules: Chapter 2105, Cosmetology: Individuals And Salons Flashcards

Question

Operator

Answer 1

A standard license for a practitioner and not a manager license

Answer 2

The contiguous space representing each salon that can be accessed by customers without exiting the salon

Answer 3

A material that absorbs liquid or allows liquid to penetrate

Answer 4

Any object, sterile or contaminated, that may purposefully or accidentally cut or penetrate the skin or mucosa including presterilized single-use lancets, dermal blades, and razor blades

Answer 5

A closed, puncture-resistant, leak-proof container, labeled with the international biohazard symbol, that is used for handling, storage, transportation, and disposal of sharps

Answer 6

Includes clips, combs, curlers, curling irons, hair pins, rollers, scissors, needles, and thread

Answer 7

An event held for any purpose other than the provision of license services, where a participant in the event may receive limited cosmetology services at a location not in a licensed salon

Answer 8

Service is not defined as the practice of cosmetology under Minnesota statutes, section 155A.23, subdivision 3, and that are exempt from regulation by the board. Unregulated services are ear piercing; body art; body painting; henna tattoos and permanent tattoos; eyebrow embroidery; eyebrow microblading; permanent hair removal; permanent make up; tanning by UV radiation and spray tanning units; injectables; services for theatrical, television, film, fashion, photography, or media productions or media appearances; mortuary services; massage; body wraps and lymphatic drainage when performed by a massage therapist; the practice of medicine as defined in Minnesota Statutes, section 1477.081, subdivision 3; hair braiding; and threading as defined in Minnesota Statute, section 155A.23, subdivision 13

Answer 9

A space where regulated services are provided. A separate work area is created when the service area is partitioned from the other salon work spaces or work areas by walls at least 6 feet high and doorways of less than 5 feet in width

Answer 10

The practice of cosmetology includes the services defined under Minnesota Statutes, section 155A.23, subdivision 3, and includes all services in subparts 2, 3, and 4. Cosmetology does not include advanced practice esthetic services in subpart 5. Cosmetology practice includes: A. shampooing, conditioning, cutting, clipping, coloring, dressing, processing, shaping, straightening, bleaching, tinting, styling, blow-drying, or waving a person's hair, eyebrows, or eyelashes; B. styling, cutting, and coloring wigs when on a person's head; C. cleansing, massaging, and stimulating the scalp; D. using a razor to remove hair from the head, face, and neck; and E. other services for the cosmetic care of the hair, head, and scalp.

Answer 11

The practice of esthiology is the cosmetic treatment of the stratum corneum of the epidermal layer of the skin surface. Esthetic practice includes eyelash technology services in subpart 4 and includes items A to F: A. cleansing, stimulating, or massaging a person's scalp, face, neck, arms, legs, or trunk with or without the use of any cosmetic preparation, antiseptic, tonic, lotion, or cream; B. cosmetic care of a person's face, eyelashes, eyebrows, lips, nose, neck, arms, legs, or trunk using a cosmetic preparation, antiseptic, tonic, lotion, powder, oil, gels, paraffin, clay, cream, or makeup; C. basic exfoliation as defined in part 2105.0010, manual or machine skin cleansing, and basic extractions; D. removing hair from a person's body using depilatories, waxes, preparations, sugaring, or tweezing; E. application of makeup or airbrush makeup, eyelash and eyebrow tinting, eyebrow shaping and trimming, eyelash and eyebrow enhancements, facials, and body wraps; and F. other cosmetic services on the stratum corneum layer of the epidermis.

Answer 12

The practice of nail technology is the cosmetic care of the hands, feet, and nails. Nail technician services do not include waxing, eyelash or eyebrow enhancements, or any other esthetician service. Nail technicians must not use any tool or equipment to penetrate the skin. Nail technology includes: A. cleansing, removing polish, cutting, trimming, polishing, tinting, coloring, or manicuring the fingernails or toenails; B. attaching and removing acrylic, other artificial nails, or nail enhancements; C. cleansing, massaging, and cosmetic care of the skin of the hands and feet including paraffin treatments; D. callus removal by the use of callus removal products, sanding, buffing, or filing; E. massaging the hands, feet, and lower arms and legs in conjunction with any practice described in items A to F; and F. other services for the cosmetic care of the hands, feet, and nails.

Answer 13

The practice of eyelash technicians is limited to the application, removal, and trimming of threadlike natural or synthetic fibers to an eyelash, and includes the cleansing of the eye area and lashes. Eyelash extensions do not include color agents, straightening agents, permanent wave solutions, bleaching agents, applications to the eyebrow, or any other cosmetology service.

Answer 14

The practice of advanced practice (AP) esthetics is the cosmetic treatment of the epidermal layer of the skin. AP esthetics includes esthetic services in subpart 2 and: A. advanced exfoliation as defined in part 2105.0010 including dermaplaning, microdermabrasion, chemical or enzyme exfoliation, and other exfoliation methods that exceed the stratum corneum; B. advanced skin care treatments using electrical energy treatments including light therapy, galvanic current, microcurrent, high frequency, radio frequency, and sound waves; lymphatic drainage; and advanced extractions. Laser, as identified in Minnesota Statutes, section 147.081, subdivision 3, as the practice of medicine is not an advanced practice esthetic service; C. skin needling; and D. other cosmetic personal services on the epidermal layer of the skin.

Answer 15

The following provisions govern all advertising relating to the practice of cosmetology: A. It is a violation of this chapter to advertise or offer any board-regulated services from an unlicensed salon or an unlicensed practitioner. B. Any salon advertisement must list the licensed name of the salon as shown on the salon license. Franchise and corporations using a common brand name in advertisements related to multiple locations may use the common brand name instead of the full assumed name listed on the salon license. Salons that reference staff names in any advertisement must list at least the first name of the licensee as shown on the individual's license. C. An individual practitioner advertising the practitioner's licensed services must list either the full name as shown on the individual's license or the name of the salon as shown on the salon license. D. A practitioner leasing space in a licensed salon may advertise under a business name if the full name of the practitioner as shown on the practitioner's license is listed. If the practitioner's full name is not listed, wherever the business name appears, it must be immediately followed by "at (insert legible name of salon as it appears on the salon license)." E. Only currently licensed practitioners may identify themselves as a "cosmetologist," "esthetician," "aesthetician," "advanced practice esthetician," "advanced practice aesthetician," "nail technician," and "eyelash or lash technician." It is a violation of this chapter to qualify any board license title with another term, including the use of terms such as "medical," "certified," "master," and other qualifying terms.

Answer 16

Each salon and each permit holder under part 2105.0410 is subject to inspection at any time the board deems it necessary to affirm compliance. A. All licensees, including salons open by appointment only and salons with irregular hours, must allow a board inspector, in the exercise of official duties, to inspect the salon on the inspector's arrival at the salon. B. A salon owner and designated licensed salon manager (DLSM) must cooperate if asked by board inspectors to arrange inspection appointments. C. A salon owner and DLSM must have access to all salon space, including leased space within the salon, and must provide access to all salon spaces to a board inspector. D. All salon staff, including the owner, DLSM, other licensees, and unlicensed support staff, must cooperate with the inspection. E. Board inspectors must carry board-issued photo identification and produce it upon request.

Answer 17

A. The board must notify salons and permit holders under part 2105.0410 with a written inspection report when any violation is found during a board inspection. The salon licensee and DLSM, or the permit holder under part 2105.0410, must take immediate action to address each violation and, within ten business days, bring the salon and all licensees practicing under the salon license, or the permit holder, into compliance with this chapter, chapter 2140, and Minnesota Statutes, chapter 155A. B. If an order to comply is issued by the board inspector, the salon and DLSM, or the permit holder under part 2105.0410, must report to the board via mail or e-mail, within ten business days of the order's issuance, using a form provided by the board. The report must: (1) explain how each violation was corrected and the date of correction; and (2) for each violation that was not immediately corrected or not corrected within ten days, provide a written explanation of the reason for the delay, the specific steps the licensee will take to correct the violation, and the projected date the outstanding violation will be corrected. The board must grant an extension if requested in writing when the health and safety of the public is not at immediate risk, and when the delay is warranted based on the information provided by the salon or permit holder.

Answer 18

The board must provide each salon with a detailed inspection report on the inspection findings. Within ten business days of the issuance date on the results and report, the salon must conspicuously post the inspection report so that it is visible at all times in the reception area or at each customer entrance. The inspection report must remain posted until replaced by a new inspection report. The complete, unaltered inspection report must be legibly printed on standard 8-1/2 x 11 inch paper. Permit holders under part 2105.0410 are not subject to the posting requirements in this subpart.

Answer 19

A. Violations of this chapter, chapter 2110, and Minnesota Statutes, chapter 155A, cited on a board inspection, are subject to: (1) application of penalties prescribed in Minnesota Statutes, section 155A.25; and (2) disciplinary action as identified in Minnesota Statutes, section 155A.33. B. Board staff must issue penalties prescribed in Minnesota Statutes, section 155A.25, for violations in subitems (1) to (4) cited during a board inspection of a salon or permit holder except as provided for in subpart 5. Licensees must pay penalties in full before any license is renewed or issued. (1) A salon is subject to penalty for violations cited during a salon inspection for: (a) each expired practitioner's license; (b) each expired salon license; (c) each active license of a practitioner or salon not conspicuously displayed; (d) reuse of or failure to dispose of single-use items immediately after use; (e) the presence of prohibited callus shavers, graters, or rasps; and (f) refusal or failure to cooperate with an inspection. (2) A DLSM is subject to penalty for violations cited during inspection for: (a) each expired practitioner's license, including the DLSM; (b) each expired salon license; (c) each active license of a practitioner or salon not conspicuously displayed; (d) reuse of or failure to dispose of single-use items immediately after use; (e) the presence of prohibited callus shavers, graters, or rasps; and (f) the DLSM's refusal or failure to cooperate with an inspection. (3) An individual practitioner is subject to penalty for violations cited during a salon inspection for: (a) the practitioner's expired license; (b) the practitioner's active license not conspicuously displayed, if an active license is held; (c) reuse of or failure to dispose of single-use items immediately after use; (d) the presence of prohibited callus shavers, graters, or rasps; and (e) the practitioner's refusal or failure to cooperate with an inspection. (4) A permit holder under part 2105.0410 is subject to violations cited during a permit inspection for: (a) the practitioner's expired license; (b) the practitioner's refusal or failure to cooperate with an inspection; and (c) reuse of or failure to dispose of single-use items immediately after use.

Answer 20

The maximum total penalties for all violations cited per license per inspection must not exceed: A. $3,000 for each salon license; B. $2,000 for the DLSM per salon license; and C. $1,000 for each individual practitioner per license or permit.

Answer 21

Applicants for a cosmetologist, nail technician, esthetician, or eyelash technician license who have not been licensed in other states must be at least 17 years old and must provide the items required in items A to D: A. a completed application form; B. original passing test results no more than one year old of the following board-approved tests for the license sought: (1) general theory test; (2) written practical test; and (3) test on Minnesota laws and rules; C. proof of completion of training as follows: (1) graduates of a Minnesota-licensed cosmetology school must submit the original course completion certificate with the notarized signatures of the school manager or owner documenting the successful completion of the curriculum and the required number of hours of training, all of which include any hours transferred from another school within the past five years: 1,550 hours for a cosmetologist; 600 hours for an esthetician; 350 hours for a nail technician; and 38 hours for an eyelash technician. If the completed training is more than five years old, a skills course certificate no more than one year old must also be submitted; (2) a graduate of a training program licensed by another state that is: (a) equal to the curriculum and minimum hour requirements required of Minnesota-licensed cosmetology schools for a cosmetologist, esthetician, nail technician, or eyelash technician program must submit an original notarized board form from a licensed cosmetology school that establishes the completion of the curriculum and required number of hours of training, all of which include any hours transferred from another school within the past five years: 1,550 hours for a cosmetologist; 600 hours for an esthetician; 350 hours for a nail technician; and 38 hours for an eyelash technician. If the completed training is more than five years old, a skills course certificate from a Minnesota-licensed cosmetology school no more than one year old must also be submitted; and (b) not equal to the curriculum and minimum hour requirements required of Minnesota-licensed cosmetology schools for a cosmetologist, esthetician, nail technician, or eyelash technician program must obtain a course completion certificate by applying to a Minnesota-licensed cosmetology school as a transfer student under part 2110.0705 and must meet and complete the school's requirements. The applicant must then submit the original course completion certificate with the notarized signatures of the school manager or owner, documenting successful completion of the required curriculum and number of hours of training: 1,550 hours for a cosmetologist; 600 hours for an esthetician; 350 hours for a nail technician; and 38 hours for an eyelash technician. If the completed training is more than five years old, a skills course certificate from a Minnesota-licensed cosmetology school no more than one year old must also be submitted; (3) an applicant who partially completed a training program licensed by another state, or who completed an unlicensed training program in another state, must obtain a course completion certificate by applying to a Minnesota-licensed cosmetology school as a transfer student under part 2110.0705 and must meet and complete the school's requirements. The applicant must then submit the original course completion certificate with the notarized signatures of the school manager or owner, documenting successful completion of the required curriculum and number of hours of training: 1,550 hours for a cosmetologist; 600 hours for an esthetician; 350 hours for a nail technician; and 38 hours for an eyelash technician. If the completed training is more than five years old, a skills course certificate from a Minnesota-licensed cosmetology school no more than one year old must also be submitted; or (4) applicants whose training occurred in other countries must apply under part 2105.0183, subpart 3; and D. payment of the fees required by Minnesota Statutes, section 155A.25.

Answer 22

An AP esthetician license supersedes an esthetician license. A. An applicant for an AP esthetician license who holds an active esthetician or cosmetologist license must provide the following: (1) a completed application form; (2) original passing test results no more than one year old of the following board-approved tests for the AP esthetician license: (a) general theory test; and (b) written practical test; (3) an original AP esthetician course completion certificate documenting the successful completion of curriculum from a board-approved school with the notarized signature of the school manager or school owner. If the completed AP esthetician training is more than five years old, a skills course certificate no more than one year old must also be submitted; and (4) payment of the fees required by Minnesota Statutes, section 155A.25. B. An applicant for an AP esthetician license who completed training in Minnesota for both an esthetician or cosmetologist license and an AP esthetician license but does not hold an active esthetician or cosmetologist license must be at least 17 years old and must provide the following: (1) a completed application form; (2) an original course completion certificate for a board-approved esthetician or cosmetology course documenting the successful completion of the curriculum with the notarized signature of the school manager or school owner. If the completed training is more than five years old, a skills course certificate no more than one year old must also be submitted; (3) original passing test results no more than one year old of the board-approved general theory and written practical tests for the esthetician or cosmetology license: (a) general theory test; (b) written practical test; and (c) Minnesota laws and rules test; (4) original passing test results no more than one year old of the following board-approved tests for the AP esthetician license: (a) general theory test; and (b) written practical test; (5) an original AP esthetician course completion certificate from a board-approved school with the notarized signature of the school manager or school owner. If the completed AP esthetician training is more than five years old, a skills course certificate no more than one year old must also be submitted; and (6) payment of the fees required by Minnesota Statutes, section 155A.25. C. An applicant with an AP esthetician license or master esthetician license from another state must apply under part 2105.0183, subpart 4.

Answer 23

A. An applicant who holds an active Minnesota operator license and wishes to advance to a salon manager license must: (1) submit a completed application form; (2) submit original passing test results of the salon manager test no more than one year old; and (3) pay the fees required in Minnesota Statutes, section 155A.25. B. An applicant who does not hold an operator license and wishes to apply for a salon manager license may apply for the operator and salon manager license at the same time without first paying for the operator license. An applicant must: (1) submit a completed application for an operator license and meet the requirements for the operator license; (2) submit a completed application for a salon manager license; (3) submit original passing test results of the salon manager test that are no more than one year old; and (4) pay the fees required of a salon manager applicant in Minnesota Statutes, section 155A.25. C. An applicant who holds an active salon manager license and is applying for a practitioner license in another field may apply for a salon manager license in the new field without first obtaining or paying for an operator license in the new field. An applicant must: (1) submit a completed application for the new field and meet the requirements for the operator license; and (2) pay the fees required in Minnesota Statutes, section 155A.25. D. An applicant who holds an active salon manager license in one field and an active operator license in another field may advance the operator license to a salon manager license without meeting the testing requirements in item A. An applicant must: (1) submit a completed application; and (2) pay the fees required in Minnesota Statutes, section 155A.25.

Answer 24

An applicant for a school manager license must: A. submit a completed application form; B. hold an active Minnesota cosmetology salon manager license; C. submit original passing results no more than one year old of the school manager test covering Minnesota laws and rules related to schools; and D. pay the fees identified in Minnesota Statutes, section 155A.25.

Answer 25

Applicants for an instructor license must meet the requirements in items A to F. Items D and E do not apply to applicants who hold a current Minnesota instructor license and are applying for an instructor license in a new field. An applicant must: A. submit a completed application form; B. hold an active Minnesota license as an operator or manager; C. document at least 2,700 hours of licensed practice in the same licensure field as the instructor license type sought within the three years prior to application; D. submit the original course completion certificate of a board-approved instructor course on teaching methodology not more than one year old; E. submit original passing instructor test results not more than one year old for the instructor general theory, practical, and laws and rules tests; and F. pay the fees required in Minnesota Statutes, section 155A.25.

Answer 26

A. A cosmetologist with an active Minnesota license is not required to obtain a separate esthetician, nail technician, or eyelash technician license but may do so by completing an application form and paying the fees required by Minnesota Statutes, section 155A.25. B. An esthetician or an advanced practice esthetician with an active Minnesota license is not required to obtain a separate eyelash technician license but may do so by completing an application form and paying the fees required by Minnesota Statutes, section 155A.25. C. An applicant who holds an active Minnesota practitioner license in one field and is applying for a practitioner license in another field is not required to retake the test on Minnesota laws and rules. All other application requirements in this part must be met.

Answer 27

A. A core CE course required by Minnesota Statutes, section 155A.271, subdivision 1, consists of a four-hour course, including one hour on state cosmetology laws and rules, and three hours on health, safety, and infection control. B. A core CE course requires board approval, and must be offered only by a board-licensed cosmetology school, postsecondary school licensed by the Office of Higher Education under Minnesota Statutes, section 136A.103, paragraph (a), or a professional association recognized by the board under item C. C. A professional association must apply for board recognition to offer core CE courses in writing on forms supplied by the board. Board recognition is valid for a maximum of one calendar year and expires on December 31 of the year authorization was granted. D. A cosmetology school, a postsecondary school, or a board-authorized professional association must apply for approval of the core CE curriculum on a form supplied by the board, and submit the lesson plan and learning objectives, qualifications of the presenters and course developers, and payment of the fees required by Minnesota Statutes, section 155A.25, if the provider approval fee has not been paid in the current calendar year. E. Board approval of a core CE course under this subpart is valid for a maximum of one calendar year and expires on December 31 of the year approval was granted. F. The board shall maintain a list of approved core CE courses on the board's website.

Answer 28

A. A professional practice CE course as required by Minnesota Statutes, section 155A.271, subdivision 1, paragraph (b), must consist of a four-hour course based on any or all of the following within the licensee's scope of practice: (1) product chemistry and chemical interaction; (2) proper use of machines and instruments; (3) business management, professional ethics, and human relations; or (4) techniques relevant to the type of license held. B. A professional practice CE course requires board approval and may be offered only by licensed salons, licensed cosmetology schools, and board-recognized professional associations. (1) A salon must offer the professional practice CEs as approved in-person classes. A salon must apply for approval of the professional practice curriculum in writing on forms supplied by the board, and must submit the lesson plan and course objectives; qualifications of the presenters and course developers; and payment of the fees required by Minnesota Statutes, section 155A.25, if the salon has not paid the provider approval fee in the current calendar year. (2) A cosmetology school and a board-recognized professional association may offer the professional practice CEs in person or online and must apply for approval of the professional practice curriculum in writing on forms supplied by the board and submit the lesson plan and course objectives, qualifications of the presenters and course developers, and payment of the fees required by Minnesota Statutes, section 155A.25, if the provider approval fee has not been paid in the current calendar year. (3) A professional association must apply for board recognition in writing on forms supplied by the board. Board recognition is valid for one calendar year and expires on December 31 of the year recognition was granted. C. Board approval of a professional practice CE course is valid for a maximum of one calendar year and expires on December 31 of the year approval was granted. D. The board shall maintain a list of approved professional practice CE courses on the board's website.

Answer 29

Instructor license renewal requires 30 CE hours of board-approved courses on teaching methodology and 15 CE hours on clinical practice in the instructor's licensed field. A. Cosmetology schools, postsecondary schools, professional associations, subject matter experts, or salons may offer instructor CEs in person or as online classes. B. A course provider under item A must apply for course approval for each CE course on a form supplied by the board, and submit the lesson plan or syllabus, course objectives, qualifications of the presenters and course developers, and payment of the fees required by Minnesota Statutes, section 155A.25, if the provider has not paid the provider approval fee in the current calendar year. C. Board approval of an instructor CE course is valid for one calendar year and expires on December 31 of the year approval was granted. D. The board shall maintain a list of approved instructor CE courses on the board's website. E. Courses on teaching methodology or clinical practice provided by a Minnesota State Colleges and Universities (MnSCU) community college, state university, or technical college, or any postsecondary school licensed by the Office of Higher Education, are not subject to preapproval by the board. This provision does not apply to board-licensed cosmetology schools. All board-licensed cosmetology schools are subject to the provisions of items A to C.

Answer 30

A school manager license renewal requires four hours of CE courses or seminars on business practices or school management. Providers of school manager CE courses are not subject to board approval or the requirements of subpart 6. No approval fee is required.

Answer 31

For the purposes of this part, a CE credit hour must consist of 55 minutes of continuous instructional activity, excluding breaks, registration, meals, and other noneducational activity. The number of credit hours assigned to an online course must be computed by the course developer based on the average time to complete the course. The board must accept or approve CE courses in full-hour increments.

Answer 32

A course provider must retain records of each attendee, including the attendee's full name and license number, the date of the course, the course title or course number, and the instructor's name for five years. Course providers must respond within 15 business days of the board's request for verification of whether an individual attended and completed a CE course. This subpart does not apply to CE courses offered by MnSCU, the University of Minnesota, or any postsecondary school licensed by the Office of Higher Education and not licensed by the board.

Answer 33

The board is authorized to audit a CE course at any time. A course provider must allow board staff to attend a CE course at any time and without cost for the purposes of auditing the course. Board approval of a CE course and board authorization of a provider is subject to revocation if a provider is not in compliance with this part or Minnesota Statutes, section 155A.271, or if the board determines a CE class offered by the provider does not reflect current professional standards or practices, or if the board finds just cause. The disciplinary provisions of Minnesota Statutes, section 155A.33, apply. This subpart does not apply to CE courses offered by MnSCU, the University of Minnesota, or any postsecondary school licensed by the Office of Higher Education and not licensed by the board.

Answer 34

A. A cosmetologist skills course, esthetician skills course, advanced practice esthetician skills course, nail technician skills course, or eyelash technician skills course must be offered in person and taught by an instructor licensed in the course subject. B. Only a licensed school with current approval to offer a licensure course may offer a skills course in the same licensure field. C. Each skills course must begin with an initial board-approved skills test. The school must use board-approved scoring of the skills test and a board skills test form. (1) Attendees who pass the skills test have completed the skills course. The school must issue a signed and dated skills course certificate specifying the license field to the attendee. (2) Attendees who do not pass the initial skills test must complete the school's skills course curriculum for each skill test area not passed. The attendee has completed the skills course when the attendee passes the skills test for the licensure field. D. Each licensee or applicant must attend a skills course specific to the licensure field held or sought by the licensee or applicant. E. Schools must provide attendees with a skills course certificate showing successful completion of the skills test, and must retain records of attendees for five years. F. The board is authorized to audit a skills course and skills test at any time, and board staff or a representative may take a skills class at any time at no cost for the purposes of auditing the course. Board approval of a skills course is subject to revocation if the board determines a skills course or skills test does not reflect current professional standards or practices, or if the board finds just cause. The disciplinary provisions of Minnesota Statutes, section 155A.33, apply.

Answer 35

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.

Answer 36

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.

Answer 37

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.

Answer 38

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.

Answer 39

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

Answer 40

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.

Answer 41

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.

Answer 42

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.

Answer 43

A. 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.

Answer 44

A. 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.

Answer 45

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

Answer 46

A. 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.

Answer 47

A licensee with an active or expired Minnesota practitioner license who has ceased all practice of cosmetology may apply for a retired license that does not allow any practice of cosmetology as defined in Minnesota Statutes, section 155A.23, subdivision 3. The board must void any active license when a retired license is issued for the remainder of the license cycle. If the practitioner's license is expired, the applicant must pay the renewal and late fees required by Minnesota Statutes, section 155A.25. A. Retired licenses expire on the three-year license cycle and may be renewed by paying the fees required by Minnesota Statutes, section 155A.25. B. A person with a retired license who wishes to obtain an active practitioner license must apply to renew the original expired practitioner license under the terms of this chapter as if no retired license was issued. If the retired license has not expired, no new renewal fee is required.

Answer 48

If an operator's, salon manager's, instructor's, or school manager's license has been expired for less than three years, a new license cycle will be issued upon renewal of the license. To renew the license, the individual must: A. comply with the requirements of part 2105.0200 for the appropriate license; and B. pay the renewal and late fees required by Minnesota Statutes, section 155A.25.

Answer 49

If an operator's or salon manager's license has been expired three years or more, a license with a new license cycle shall be issued by the board when the expired licensee submits a renewal application and submit: A. original passing test results no more than one year old of the laws and rules test for an operator. Managers must submit original passing test results no more than one year old of the manager laws and rules test; B. original passing test results no more than one year old of a board-approved written practical exam; and C. payment of the initial license fees required by Minnesota Statutes, section 155A.25.

Answer 50

If an instructor's license has been expired three years or more, the board shall issue a license with a new license cycle when the expired licensee submits a renewal application and meets these requirements: A. holds an active operator's or salon manager's license; B. submits original passing test results of a board-approved instructor general theory test, instructor practical test, and instructor laws and rules test no more than one year old; and C. pays the instructor application fees required by Minnesota Statutes, section 155A.25.

Answer 51

If a school manager's license has been expired three years or more, a license with a new license cycle shall be issued by the board when the expired licensee submits a renewal application and: A. holds an active cosmetology salon manager's license; B. submits original passing test results no more than one year old of the school manager test; and C. pays the initial license fees required by Minnesota Statutes, section 155A.25.

Answer 52

A. A licensee whose license was suspended or revoked by the board under Minnesota Statutes, chapter 155A, must reapply for licensure as follows: (1) apply for relicensure on forms provided by the board; (2) meet the requirements for reinstatement identified in the order revoking or suspending the license, and meet any requirements for renewing a license under this chapter as if the license had not been revoked or suspended but had expired from the date of revocation or suspension; and (3) paying the fees required of a new applicant in Minnesota Statutes, section 155A.25; B. Licensees whose license was suspended or revoked under a Minnesota Statute other than chapter 155A, for reasons of child support, tax liabilities, or other law must be cleared by the state or county agency that initiated the license action. The agency initiating the suspension or revocation must notify the board in writing of any action clearing the license. If the license cycle expired during the suspension or revocation, the licensee must meet the requirements for renewing a license under this chapter as if the license had not been revoked or suspended but had expired at the end of the license cycle.

Answer 53

When an applicant or licensee has outstanding penalties for any violation of this chapter or chapter 2110 or Minnesota Statutes, chapter 155A, and has exhausted all rights of appeal, the board must not issue or renew a license or permit. When a licensee or applicant has entered into an approved payment plan with the board for outstanding fines or penalties, the applicant or licensee must be current with payments before the board can issue or renew any license or permit.

Answer 54

Licenses are not transferable to another person and must be used only by the named licensee.

Answer 55

A. The salon owner must appoint a designated licensed salon manager (DLSM) and register the DLSM with the board using forms supplied by the board. B. A DLSM must acknowledge the responsibility of the position on forms provided by the board, and is responsible for salon and practitioner compliance as noted in part 2105.0390. C. A DLSM must not be responsible for more than one salon unless the salons are not open concurrently and the salons or DLSM attest in writing to the board of the business hours of each salon. D. A DLSM who is no longer serving as the DLSM must notify the board in writing via e-mail or mail of the resignation as DLSM. The effective date of the resignation is the date the resignation notice is received by the board or the date the DLSM change form is received by the board, whichever date is earliest. The DLSM is liable under Minnesota Statutes, section 155A.33, for the compliance of the salon and licensees in the absence of any written notice of the change to the board, regardless of the status of the DLSM's license. E. The DLSM is not required to be present at all times during the salon's operation but remains responsible for compliance under this chapter and Minnesota Statutes, chapter 155A, even when away from the salon. F. A DLSM must not concurrently serve as a designated school manager unless serving as a DLSM in a one-person salon that is never open during school class and school clinic hours.

Answer 56

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.

Answer 57

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.

Answer 58

The requirements in this part apply to all salon licensees.

Answer 59

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.

Answer 60

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

Answer 61

A. 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.

Answer 62

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.

Answer 63

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.

Answer 64

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.

Answer 65

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 155A.25.

Answer 66

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.

Answer 67

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.

Answer 68

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.

Answer 69

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

Answer 70

All licenses expire on the last day of the month of initial licensure of the year due and the salon owner and designated licensed salon manager (DLSM) are responsible for renewing the salon's license. Not receiving a notice of renewal from the board does not constitute a valid excuse for not renewing the license.

Answer 71

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

Answer 72

The salon must provide the name, current address, and telephone number of the salon owner on the renewal application.

Answer 73

The salon renewal application must identify the current DLSM by name, license number, and license expiration date.

Answer 74

The salon must verify that professional liability insurance and workers' compensation insurance policies as required under part 2105.0310 are current and active, including liability policies for practitioners leasing space in the salon.

Answer 75

A. The board must return incomplete renewal applications to the applicant with notice of the items that are incomplete. Late fees required by Minnesota Statutes, section 155A.25, apply if the resubmitted application is received after the expiration date of the license. B. When a renewed salon license has not been issued by the expiration date, the salon is considered delinquent and is subject to inspection penalties in part 2105.0120 and disciplinary action in Minnesota Statutes, section 155A.33, and must cease operations and not resume operations until a salon license has been issued. C. If a completed renewal application is not received by the board within six months of the license expiration date, the salon is not eligible to renew the license. The salon must apply for a new salon license, meeting all current requirements for salon licensure under part 2105.0310. The salon may not operate until a new license has been issued. D. Late fees in Minnesota Statutes, section 155A.25, apply when a complete renewal application is received after the license expiration date.

Answer 76

Salons located in commercial spaces must prominently display the licensed name of the salon at the primary entrance. Salons located in a private residence must prominently display the licensed name of the salon at the driveway entrance of the home. When local ordinances or real covenants prohibit the signage, the salon must maintain written confirmation at the salon no more than three years old from the official responsible for enforcing the prohibition in an ordinance or documentation of the covenant prohibiting the signage.

Answer 77

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

Answer 78

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

Answer 79

All floors must be kept clean and free from hair, nails, skin, wax, liquids, and other debris at all times and be in good repair, free from crevices, cracks, holes, or tears which could collect dirt or debris. Carpet is not an acceptable floor covering in work areas where services are provided unless the salon's most recent application for licensure was prior to January 1, 2017.

Answer 80

The salon's electrical infrastructure must comply with safety standards under Minnesota Statutes, section 326B.35. The salon's use of electrical equipment and appliances must comply with the State Fire Code adopted according to Minnesota Statutes, chapter 299F. A. Outlets must not have more than two appliances or items plugged into them unless a UL-listed power strip is used. B. Power strips must have a circuit breaker and be plugged into an outlet and not into another power strip. C. Extension cords must be plugged into an outlet and not into another cord, and may be used only for portable appliances according to the appliance's directions.

Answer 81

A. Each salon must have at least one designated sink for handwashing and cleaning and disinfecting of tools and implements. B. The designated sink must not be a restroom sink, water fountain, mop sink, or pedicure tub. A shampoo bowl may not be a designated sink unless the salon has only one practitioner. C. Each designated sink must: (1) have hot and cold running potable water plumbed in; (2) be equipped with liquid or foam soap, single-service paper or cloth towels, and have a receptacle for discarded towels; and (3) be of sufficient size to wash the tools and implements used in regulated services offered in the salon. D. At least one designated sink in the salon must be immediately adjacent to a disinfecting area with a workspace sufficient to hold the wet disinfectant containers used to disinfect the tools and implements used in the salon. E. All licensees practicing in a salon must have continuous access to one or more designated sinks and disinfecting areas within the licensed salon. F. Each work area where regulated services are provided must have a sink or must be continuously equipped with an alcohol-based hand sanitizer containing a minimum of 60 percent alcohol. The hand sanitizer dispenser must be wall-mounted or visible at all times in the work area.

Answer 82

A. Each salon must have a restroom available in the salon, or in an adjacent common area. B. Restrooms must have a sink with hot and cold running potable water plumbed in, toilet, liquid or foam soap, single-service paper or cloth towels or a hot air hand dryer, and a clean waste receptacle emptied daily. C. Any hazardous cleaning agents, chemicals, or substances, and any medications located in the restroom, must be kept in locked cabinets not accessible to the public. D. Restrooms must be maintained in a clean condition.

Answer 83

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

Answer 84

A. All furniture and fixtures in a work area must have a washable covering or finish and be clean and in good repair. B. Each work area must have a clean waste receptacle, emptied daily. C. Each salon must have at least one readily accessible fire extinguisher maintained annually in compliance with State Fire Code requirements. All practitioners in the salon must be instructed in the location and use of the fire extinguisher.

Answer 85

Additional requirements for salons located in private residences are under part 2105.0393. Additional requirements for mobile salons are under part 2105.0395. Additional requirements for suite-style salons are under part 2105.0397.

Answer 86

A salon must continuously meet the following minimum operational requirements. A. Each salon must maintain a readily accessible first aid kit meeting National Standard ANSI Z308.1-2015 or the most recent version of the standard. B. Each salon must comply with federal hazard communication standards, Code of Federal Regulations, title 29, section 1910.1200, and must: (1) make paper or electronic safety data sheets for each product used in the salon containing hazardous chemicals as identified in Code of Federal Regulations, title 29, section 1910.1200, available to all salon personnel and all licensees in the salon at all times; (2) at least once every 12 months, inform all licensees practicing in the salon of: (a) the potential health effects of the hazardous products and chemicals; and (b) the measures licensees must take to protect themselves from these hazards, including specific procedures the salon has implemented to protect practitioners from exposure to hazardous products. The procedures must include best work practices, spill cleanup, emergency procedures, and personal protective equipment to be used. C. The active salon license showing the current DLSM must be conspicuously posted facing the public side of the reception area or at each customer entrance providing the public a full, unobstructed view of the license. D. Each salon must ensure that each licensee meets the license display requirements in part 2105.0190, subpart 4. E. All licensees must have a valid picture state identification in their possession when working in the salon and must produce this identification for inspection when requested by board staff. F. The salon must post inspection results and provide the detailed inspection report as noted in part 2105.0115, subpart 2.

Answer 87

It is the responsibility of all licensees, including the salon owner and the designated licensed salon manager (DLSM) to ensure that all infection control requirements are followed. Items, tools, and equipment on the salon premises that may be used for regulated services are subject to the requirements of this part even if not intended for use in services regulated by the board or intended for personal use.

Answer 88

All licensees must thoroughly wash their hands with soap and water and dry them with a single-service paper or cloth towel or air dryer before providing any service to a client. An alcohol-based hand rub with a minimum of 60 percent alcohol may be used in lieu of hand washing only when the hands are free of lotions, ointments, product, or visible soil. Gloves and hand wipes are not an acceptable substitute for hand washing.

Answer 89

Before disinfecting any surface or item, any visible debris and disposable parts must be removed and the surface or item must be washed with soap and water or a cleaning agent, rinsed thoroughly, and dried before being disinfected. Surfaces may be wiped with a cleaning agent before being disinfected. Any cleaning agent not in the original container must have a legible label with the name of the agent and use instructions. If the original container with instructions is available, use instructions are not required to be repeated on the new container label.

Answer 90

A. Only hospital-level, EPA-registered disinfectants that are labeled as bactericidal, virucidal, and fungicidal may be used. Alcohol is not an acceptable disinfecting agent. Bleach products must have an EPA registration for hospital-level disinfection. B. Items to be disinfected must first be cleaned according to subpart 3. C. Disinfectants must be used according to the manufacturer's directions, including contact time, safety precautions, dilution requirements if any, and proper disposal. Disinfectant sprays or wipes must not be used except where noted in this part. D. Disinfectant solutions must be legibly labeled with the disinfectant name and any dilution requirements. Disinfectant solutions must be disposed of immediately if visible debris is present. If concentrated disinfectants must be diluted with water, measuring devices must be readily available and used to ensure an effective solution is made. Unless otherwise directed by the disinfectant label, disinfectant solutions must be made daily and disposed of at the end of the day. E. All surfaces of a tool or implement, including handles, must be disinfected by fully submerging the item in disinfectant in a covered container for the full contact time listed in the manufacturer's directions. Following disinfection, items must be rinsed to prevent exposure of clients and licensees to unsafe pesticides and chemicals. Items must be dried before being stored. F. Each salon must have disinfectant containers with covers. The containers must be large enough to totally submerge the implements and tools in disinfectant. The number of covered containers and size of containers must be sufficient to hold all the implements and tools that need to be disinfected. G. Licensees must protect themselves by wearing gloves or using tongs to avoid direct skin contact with the disinfectant and observe all safety precautions in the manufacturer's directions.

Answer 91

A. Any tool or implement that is designed to puncture or invade the skin must be cleaned and then sterilized before the tool or implement can be reused. A sterilized tool or implement must be stored in the sterilization pouch or container in which it was sterilized. Each sterilized package or container must have the batch number and date of sterilization, corresponding to the log of use referenced in item D. B. Autoclaves, steam or dry heat sterilizers, chemical vapor sterilizers, and any other sterilizing device must be registered and listed with the United States Food and Drug Administration and used only as instructed by the manufacturer. C. Autoclaves and other sterilizers must be spore tested through an independent lab every 30 days to ensure functionality. Spore-testing results and maintenance records must be kept on site at the salon for 36 months. Autoclaves and autoclave packaging of tools are prohibited unless regular spore tests are performed by a contracted laboratory at least once per month but not more than 30 days between tests. If a positive spore test is received, the autoclave must not be used until a negative spore result is received. The salon must maintain a log of each use, all testing samples and results, and a maintenance log of all maintenance performed according to the manufacturer's directions. The salon must retain the most recent 36 months of the log at the salon for review by the board. D. Sterilized items must be stored in the package in which they were sterilized. Each package must show the batch number and sterilization date corresponding to the log kept of each sterilization process required in item C.

Answer 92

Licensees must stop a service whenever an unexpected cut, abrasion, or other injury occurs during a service resulting in exposure to blood or other body fluids, or when blood or other body fluids appear as a result of a service, and follow the steps in items A to G. A. The licensee must put on gloves. B. If possible, rinse the wound with running water. C. Clean the wound with an antiseptic solution and cover with a sterile bandage. D. If the wound is on the licensee's hand, the licensee must wear a glove or finger cover covering the wound. If the wound is on the client, the licensee must wear gloves on both hands to complete the service. E. Blood-stained tissue or cotton or other blood or body fluid contaminated material must be placed in a plastic bag, sealed, and discarded. F. Before resuming service, the licensee must first remove from service any equipment, tools, and implements that came into contact with blood or other body fluids, clean and disinfect any contaminated surfaces, and then clean and wash hands with soap and water. G. Contaminated tools, implements, and equipment must be cleaned and then disinfected or sterilized according to subparts 3, 4, and 4a.

Answer 93

A. Disinfected items must be stored in clean, closed containers, cupboards or drawers, or on a clean towel and covered with a clean cloth towel or clean drape, and must not come into contact with contaminated items or nondisinfected items. B. Storage containers must have solid sides and lids and must be cleaned and disinfected weekly and before use if visibly soiled. Disinfectant wipes or sprays may be used only when the container is too large to be submerged in disinfectant. C. Plastic or paper bags or sealed wrapping must not be used to store disinfected items unless the item has been sterilized under the requirements of subpart 4a. D. Items pulled out for service must not come into contact with contaminated surfaces. E. Tools and implements that are pulled out for a service prior to the client's arrival must be placed on and covered by a clean cloth or paper towel. The towel must be discarded at the end of the service. F. Immediately after each service, tools, implements, linens, and other nonelectrical items that have been removed from clean storage must be placed in covered and closed containers labeled "used" or immediately cleaned and disinfected or sterilized.

Answer 94

A. Only cleaned, disinfected or sterilized, and properly stored tools and implements must be used on a client. B. A supply of disinfected or sterilized tools and implements, single-use supplies, and disinfectant must be present and available for use by practitioners. The supply must be sufficient, based on the practitioner and salon service volume, to ensure each client is serviced with tools and implements that are either properly cleaned and disinfected or sterilized each day. C. All fluids, semifluids, creams, waxes, and powders must be kept in clean, covered containers with a solid cover and must be dispensed in a manner that prevents contamination of the unused supply. (1) Disposable or disinfected spatulas or applicators must be used to remove products from containers, and fingers must never be used. Spatulas, applicators, or scoops must not be stored in the container. (2) Products removed from containers must not be returned to the containers and must be used or discarded. (3) Containers must be wiped clean and the exterior disinfected with a disinfectant wipe at the end of the day. D. All products must be legibly labeled if not in the original container. E. Each pencil cosmetic must be sharpened before each use with a disinfected pencil sharpener. When a pencil-type cosmetic is in a mechanical applicator or is of a diameter too small to be sharpened, the exposed tip of the product must be removed with a disinfected scissors or knife, and the tip of the applicator wiped with alcohol before use on another client. F. Licensees must comply with all manufacturer's directions for product and equipment use. (1) When the manufacturer's use directions recommend, advise, or require a patch test, the licensee must: (a) offer a patch test; and (b) provide information to the client regarding the risk of potential adverse reactions to the product. (2) Licensees must comply with the manufacturer's directions for machine and equipment use and maintenance. (3) Licensees must maintain all equipment and product instructions and manuals on the salon premises. G. Licensees must not perform services on clients with open wounds or sores in the area of the body to be serviced. H. Animals are not allowed in salons. This prohibition does not apply to service animals as defined by the Minnesota Human Rights Act, the Americans with Disabilities Act (ADA), and related regulations, as amended. I. Live fish, leeches, snails, and other living creatures may not be used in any cosmetic service. J. Uncovered food or beverages are not allowed in the presence of uncovered disinfectant solutions, or when disinfectant solutions are made or disposed of, or when disinfectant sprays are used. K. Licensees must not eat or smoke, including electronic cigarettes, while performing any services. Any beverage for a licensee must be covered with a lid during any service. L. Tools and implements must not be placed in or on clothes, aprons, pockets, bags, or holsters, or worn by the licensee, and must not come into contact with contaminated surfaces. M. Tools or implements dropped on the floor or otherwise contaminated during a service must be removed from the work station, cleaned and disinfected or sterilized, or placed in a covered container labeled "used" until cleaned and disinfected or sterilized. N. Wig blocks must have a nonabsorbent covering. Each nonabsorbent covering must be removed after each servicing of a wig, cleaned and disinfected, and must be stored in a properly labeled covered container. Wigs accepted for service must be stored in individual clean and disinfected containers, or in a new disposable container such as a plastic bag. New plastic wrap or other suitable clean and disinfected covering material must be placed over a customer's hair while trying on wigs for purchase, and the wig must not be allowed to come into contact with the skin, hair, or wigs of the customer. O. Licensees must wear gloves as required in this part. Before donning gloves, licensees must wash hands and wrist area with soap and water. Gloves must be changed during a service if a glove becomes damaged or comes in contact with any nondisinfected surface or objects or with a third person. Gloves must be discarded at the end of every service. Licensees must wear gloves when: (1) performing extractions, waxing, or hair removal services; (2) using a device or implement that penetrates the skin; (3) providing any service on the skin where the skin barrier is not intact or is compromised; (4) the licensee's skin on the hand is not intact or is compromised; (5) mixing or touching disinfectant solutions; and (6) recommended or required by manufacturer's directions for product or device use.

Answer 95

Each towel, robe, and linen used to cover or protect customers must be used only once and then be laundered with detergent and hot water in a washing machine, dried on hot, and immediately stored in a clean, covered container. A. Plastic or nylon capes and aprons may be washed in a machine and dried on any setting in a dryer or may be disinfected with a spray disinfectant. B. Used or soiled towels, linens, and capes must be stored in closed containers labeled "used." C. Steamed towels and cloths must meet the requirements of subpart 15, item G.

Answer 96

Shears and razors are not required to be washed, but must be wiped to remove hair, product residue, and skin debris, and then disinfected with an EPA-registered, hospital-level disinfectant spray or wipe after each use. The surfaces must remain wet with the spray or wipe disinfectant for the contact time listed on the disinfectant label.

Answer 97

Licensees must follow the procedures in subparts 3 and 4 for all hair or color brushes, brushes used in nail or skin services, makeup brushes, and neck brushes. Brushes used in solvent-based nail products that do not support microbial life are exempt from the disinfection requirement.

Answer 98

Electric clippers, nail drills, flat irons, blow dryers, glass or metal electrodes, high frequency wands, esthetic machines, steamers, diffusers, or other electric or electronic tools must be cleaned and disinfected or sterilized after each use, including the body, handle, and attached cord. A. Plastic guards and any nonmetal removable parts must be removed, cleaned, and disinfected as required in subparts 3 and 4. B. Metal guards, clipper blades, drill bits, and other parts designed to be removed must be removed. All product residue, hair, skin debris, nail dust, and other visible debris must be removed using a disinfected brush or clean towel, and the removable part must be disinfected with an EPA-registered, hospital-level disinfectant spray or wipe after each use. The surfaces must remain wet with the spray or wipe disinfectant for the contact time listed on the disinfectant label and the manufacturer's directions must be followed. C. Clipper blades that are not detachable must have the hair removed using a disinfected brush or a blade wash, and the clipper blade must be disinfected with a hospital-level disinfectant spray. The surfaces must remain wet with the spray disinfectant for the contact time listed on the disinfectant label and the manufacturer's directions must be followed. D. The surface of the tool's body, handles, and attached cord must be brushed or wiped clean of all product residue, hair, skin debris, nail dust, and other visible debris, and then disinfected with an EPA-registered, hospital-grade disinfectant spray or wipe after each use. The surfaces must remain wet with the spray or wipe disinfectant for the contact time listed on the disinfectant label and the manufacturer's directions must be followed. E. Disinfected electrical and electronic tools must be stored when not in use. Acceptable storage includes a clean and disinfected: (1) surface; (2) stand or hook; or (3) closed container, cupboard, or drawer. F. Skin care machines and equipment must be cleaned and then disinfected or sterilized according to the manufacturer's directions.

Answer 99

Pedicure tubs, including basins, and piped and pipeless tubs must be cleaned and disinfected according to items A to C. A. Immediately after each service: (1) dirty water must be drained and any visible debris removed; (2) all removable filter screens, inlet jets, footplates, impeller assemblies, and other parts must be removed and debris eliminated before scrubbing with a disinfected brush and detergent and water; (3) the tub basin must be scrubbed with detergent and water, and rinsed with water and drained; (4) removable parts must be replaced; (5) the basin or tub must be filled with clean water and an EPA-registered, hospital-level disinfectant must be added following the manufacturer's directions. If the pedicure tub is electrical, the fan or pump must be turned on and the unit operated for the entire contact time; (6) after the contact time is complete, the disinfectant must be drained and the tub rinsed with clean water; and (7) the faucet, faucet handles, controls, and all surfaces not covered with water when the tub is filled must be wiped with a disinfectant wipe, with the surface remaining wet for the entire contact time. B. Pedicure tub and foot basin liners are single-use items under subpart 13 and must be disposed of immediately after use. Subitems (1) to (4) apply when liners are used. (1) If liners are used, only disposable foot basin or tub liners designed specifically for and manufactured for use as a foot basin or tub liner must be used. (2) Salons choosing to use liners must use liners on all pedicure tubs and basins in the salon, and must maintain a sufficient supply of tub liners based on the practitioner and salon service volume to ensure liners are used with each tub or basin. (3) Immediately after each service: (a) the liner must be discarded in the trash; (b) any magnetic or removable parts exposed to the water contained in the liner must be cleaned and then disinfected as required in this subitem and subitem (4); (c) the basin or tub must be scrubbed and cleaned of all visible debris with a clean brush and liquid soap and water, rinsed with clean water, and wiped dry with a new, clean paper towel; and (d) the faucet, faucet handles, controls, and any other surface not covered by the liner must be wiped with a disinfectant wipe, with the surface remaining wet for the entire contact time. (4) At the end of each business day, each tub or basin must be cleaned and disinfected following the procedures in item A. C. Pedicure tubs of all kinds must always be maintained in a clean and disinfected condition as identified in items A and B, even if the tub is broken or not in service.

Answer 100

Foam toe separators, foam buffer blocks, pedicure tub liners, pumice bars or stones; chamois, paper, or foam flip-flops or slippers; nail files unless governed by item B; sanding bands or sleeves; paper sandpaper drill bits; wooden applicators; cotton balls, cotton pads, or swabs; gauze pads; sponges; neck strips; wax strips; under-eye pads; tape; and other items made with paper, wood, foam, or other porous materials are single-use items, may be used one time only, and must be immediately disposed of in a trash can after each service. Lancets and extraction needles are single-use items and must be disposed of in a sharps container. Brushes are not single-use items when the provisions of subpart 10 are met. Linens are not single-use items when the provisions of subpart 8 are met. A. New, single-use items must be stored in clean covered containers with solid sides and lids containing only new or disinfected items. New items in the original sealed packaging may be stored out in the open. B. All nail files are single-use items unless made of metal, glass, or crystal. Ceramic nail files are single-use items unless completely sealed by a glaze. C. For the purpose of scoring the edges of sharp single-use files, one file may be repeatedly used to file down the edge of a supply of new files, provided that the practitioner wears gloves while preparing the new files and that the file used by the practitioner is kept in the dispensary in a disinfected container labeled "score file." Each salon may have only one score file.

Answer 101

Wax pots and paraffin warmers must be kept covered and the exterior cleaned daily. A. If debris is found in the wax pot or paraffin warmer, or if the wax or paraffin has been contaminated by contact with skin, unclean applicators, or double-dipping, the wax pot or paraffin warmer must be emptied, the wax must be discarded, and the pot or warmer must be disinfected. B. Disposable spatulas and wooden sticks must be dipped into the wax only once and then discarded without using the other end. C. Applicators must be dipped only once into the wax unless the wax is a single-service item and unused wax is discarded after each service. D. Any surface touched by a used wax stick must be cleaned and disinfected immediately after the service. E. Paraffin wax must be portioned out for each client in a bag or other container, or dispensed in a manner that prevents contamination of the unused supply.

Answer 102

A. Counters, tables, reception-area chairs, and desks must be cleaned daily with soap and water or a cleaning agent. B. Work surfaces where services are performed, such as shampoo bowls, nail tables, facial chairs or beds, or waxing beds, must be protected from skin contact by a clean cloth or paper towel or sheet. The work surface must be cleaned and disinfected daily, using EPA-registered, hospital-level disinfectant wipes or sprays with the surface wet for the contact time in the product directions. If a customer's skin comes into contact with the surface, the surface must be cleaned and disinfected immediately after the service. C. Stylist chairs at hair stations, chairs at shampoo stations, manicure chairs, and pedicure throne chairs must be cleaned and disinfected at the end of each day. EPA-registered hospital-level disinfectant wipes or sprays must be used and the surface must be wet with the disinfectant for the contact time in the product directions. D. Sinks and shampoo bowls must be cleaned and disinfected daily with a disinfected spray or wipe, including faucet handles, spray handles, inside bowls, and outside surfaces. Hair must be removed from shampoo bowls immediately after each shampoo service. E. Rolling carts, work trays, or other containers used to hold tools and implements during a hair, skin, waxing, nail, pedicure, or other service must be cleaned and disinfected with disinfectant wipes or spray weekly and before use if visibly soiled. F. Hair and debris must be removed from the floor immediately after each service. G. Towel warmers must be disinfected daily with a disinfectant wipe or spray. Salons using hot steamed towels in services must meet these requirements: (1) towels must be washed with detergent and bleach and dried using a hot dryer setting; (2) practitioners preparing towels for the warmers must first wash their hands or wear gloves; and (3) wet towels used in services must be prepared fresh each day. At the end of the day, unused steamed towels must be removed and laundered.

Answer 103

A. Eyelash stands, holders, pallets, and trays must be cleaned and disinfected before use with each client. B. Glue pallets and holders must be cleaned and disinfected before use with each client. C. Eyelash extensions must be stored in a clean, closed container or in closed, original packaging. Eyelash extensions that are removed from the container or original packaging for a client's eyelash service and not used must be disposed of and must not be used for another client. When removing eyelashes from the container or package to portion out eyelashes for a service, a licensee must use a disinfected scissors, blade, or other tool to snip a portion of a strip, or a disinfected tweezer to portion out the lashes for each service.

Answer 104

A. Prohibited substances in salons are methyl methacrylate (MMA) liquid monomers, formalin tablets, formalin liquids, and other fumigants. B. Skin cutting equipment, including razor-type callus shavers, credo blades, rasps, or graters and other implements that are used to remove corns or calluses by cutting below the skin surface are prohibited and must not be present in a salon. C. Roll-on wax is prohibited. Single-use roll-on wax cartridges are acceptable but must be disposed of immediately after service. Roll-on wax cartridges warming in a wax heater must have an intact seal. The heating unit is subject to the requirements of part 2105.0375 and must be cleaned and disinfected after each use. D. UV sterilizers or light boxes are not an acceptable infection control device and must not be present in a salon. This does not apply to UV dryers or ultraviolet lamps used to dry or cure nail products. E. Autoclave packaging of tools is prohibited unless an autoclave is used and the salon is in compliance with part 2105.0375, subpart 4a. F. Electric or battery-operated files or drills not specifically manufactured for use on humans are prohibited. G. Practitioners must not use tools or implements provided by customers unless the practitioner first cleans and then disinfects or sterilizes the tool or implement. Customer-supplied prohibited tools must not be used and must be immediately removed from the salon premises. Customer-supplied single-use items must be new. H. Salons must not store a customer's tools or implements. I. Only single-use sterile lancets may be used.

Answer 105

A. The owner and the designated licensed salon manager (DLSM) registered with the board are responsible for the salon at all times, even when not present at the salon. The owner and the DLSM must ensure that: (1) all practitioners, including nonemployees, who perform licensed services in the salon are in compliance with this chapter and Minnesota Statutes, chapter 155A; and (2) each practitioner in the salon is currently licensed in Minnesota for the services provided by that practitioner to customers. B. The salon must designate and register only one person as the DLSM, consistent with part 2105.0305. This does not preclude a salon from having a business manager or other managers who are not licensed as operators or managers. C. The DLSM and the owner must maintain, on the salon premises, the work time records of each licensed employee, as required by Minnesota Statutes, section 177.30. Time records must be provided upon written request to the licensee or to the board. D. Any salon that leases space to one or more licensed practitioners must provide lessees with a method to track hours worked. Acceptable methods are paper, mechanical, or electronic. All methods must record time on a contemporaneous basis. The salon must retain the work time records for a period of four years for each lessee. Work time records must be provided upon written request to the licensee or to the board. The salon has no obligation to ensure the use of the method to track work hours by a lessee.

Answer 106

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.

Answer 107

A salon located in a mobile vehicle or mobile structure must be licensed as a mobile salon. Mobile salons are subject to the following provisions: A. The salon must meet the requirements of this chapter, including requirements related to the facility, safety and infection control, and scope of services to be provided in salons, except as otherwise provided for in this part. B. A salon license is valid for a specific vehicle or mobile structure and must not be transferred to a different vehicle or mobile structure. C. All services must be provided inside the interior of the vehicle or structure. D. The mobile salon must be equipped with a functioning cell phone or Voice over Internet Protocol (VoIP). E. The mobile salon's name as shown on the license must be visibly displayed and clearly legible on at least one exterior side of the mobile salon.

Answer 108

In addition to the requirements of part 2105.0310, an applicant for a mobile salon license must provide the following information: A. a description of the vehicle or mobile structure to be used as the mobile salon, including photographs of the interior and exterior; B. the license plate number and vehicle identification number (VIN) of the mobile salon; C. the capacity and location of each potable water tank and wastewater tank; D. a permanent address at which board correspondence may be received; E. the address of the physical location where the mobile salon is parked when not in service; and F. the phone number of the mobile salon's cell phone or Voice over Internet Protocol (VoIP).

Answer 109

A. The mobile salon must have a self-contained, potable water supply in holding tanks with gauges indicating the levels in the tanks and reserve capabilities. The water supply tanks must be integrated and plumbed into the wastewater tanks or gray water tanks. B. Only potable water hoses meeting NSF/ANSI Standard 61-2014 may be used to fill the potable water tanks. NSF/ANSI Standard 61-2104 is incorporated by reference, is not subject to frequent change, and is available through the Minitex interlibrary loan system. C. The mobile salon must have a wastewater tank or gray water tank capacity 15 percent larger than the water supply holding tank. D. A mobile salon must not operate when: (1) the available potable water supply is at ten percent or less capacity; (2) the available potable water supply is insufficient to comply with infection control requirements in this chapter; or (3) a tank for wastewater, black water, or gray water is at 90 percent or greater capacity. E. A mobile salon must have a restroom in operating condition inside the mobile salon that includes an installed hand sink with potable water, soap, single-use towels, and a self-contained, recirculating, flush chemical toilet with a holding tank or properly maintained composting toilet. F. Wastewater must be discharged into a sanitary sewage system or a sanitary dumping station. Dumping wastewater in a storm sewer, in any body of water, or on the ground is prohibited. When disposing of sewage and wastewater, each mobile salon shall comply with all applicable federal, state, and local environmental and sanitary regulations. G. Portable shampoo containment bowls and portable pedicure tubs are acceptable. All other sinks must be installed and connected to the vehicle's potable water supply and wastewater tanks.

Answer 110

A. If power to supply heating, air conditioning, and other equipment is supplied by a generator, the generator must be properly vented outside and all doors and windows must be closed when the generator is operating to avoid exhaust entering the mobile salon. The generator must meet applicable municipal noise ordinances. B. Any combustible gas heater used by a mobile salon must be a sealed, combustible unit and must be vented outside, and all doors and windows must be closed when the heater is operating to avoid exhaust entering the mobile salon. Liquefied petroleum gas (LP-gas) systems installed in the mobile salon must comply with the current edition of the National Fire Protection Association Standard No. 58 LP-Gas Code as adopted by the State Fire Code. C. All combustible gas containers must be stored outside of the mobile salon. D. The mobile salon must have working alarms for carbon monoxide, smoke, and combustible gas, either as single alarms or combined alarms. E. All electrical wiring in a mobile salon must comply with the State Electrical Code. Electrical equipment plugged into outlets must be UL-listed and must comply with Minnesota Statutes, section 326B.35, and local fire codes.

Answer 111

In addition to the safety and infection control requirements for salons in this chapter, mobile salons must comply with the following requirements: A. Services must not be provided unless the mobile salon is parked with the engine off, stable, and leveled. Stabilizing jacks must be used when indicated by the manufacturer's instructions of the vehicle or mobile structure. At least two wheel chocks must be in use when the salon is operating. B. Carpeting is permitted only within driving or cab areas. C. All hazardous substances in the mobile salon must be stored upright in secured cabinets when the mobile salon is moving. D. The mobile salon must have a ventilation system sufficient to provide fresh air in the salon. E. All moving parts, including slide outs and steps, must be in good working order.

Answer 112

The mobile salon must report itineraries when requested by the board.

Answer 113

The mobile salon must comply with all city, township, and county ordinances regarding wastewater disposal, commercial motor vehicles, vehicle insurance, noise, signage, parking, commerce, business, and all other local government requirements. It is the responsibility of the mobile salon owner to investigate what requirements are applicable to the mobile salon in each jurisdiction where the salon operates, and to ensure compliance with the requirements.

Answer 114

Mobile salons are subject to the disciplinary provisions of Minnesota Statutes, section 155A.33, when a municipality has determined that a licensed mobile salon has repeatedly violated a local government restriction regarding the time and place of operation of a mobile salon and when any local government appeal process has been completed or exhausted. In the absence of a final determination, the board must not investigate allegations that a mobile salon has violated a local government law, but must refer allegations to the local government authority.

Answer 115

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.

Answer 116

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.

Answer 117

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.

Answer 118

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.

Answer 119

The posting requirements of part 2105.0190, subpart 4, apply, except that the practitioner licenses must be conspicuously posted at the practitioner's station or inside the suite instead of in the reception area or foyer of the building.

Answer 120

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.

Answer 121

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.

Answer 122

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.

Answer 123

This part applies to nursing homes licensed under Minnesota Statutes, chapter 144A, housing with services establishments registered under Minnesota Statutes, section 144D.02, and operating under title protection under Minnesota Statutes, chapter 144G, and beginning August 1, 2021, assisted living facilities licensed under Minnesota Statutes, chapter 144G. A. A salon as defined in Minnesota Statutes, section 155A.23, subdivision 9, that is located in a nursing home, housing with services entity, or assisted living facility is required to be licensed if any cosmetology services are provided to anyone other than the homebound residents of the nursing home, housing with services entity, or assisted living facility. A resident of a housing with services entity receiving comprehensive home care services and residents of an assisted living facility receiving assisted living services are considered to be homebound residents. All residents of a nursing home are considered homebound for the purposes of this part. B. A salon as defined in Minnesota Statutes, section 155A.23, subdivision 9, located in a nursing home, housing with services entity, or assisted living facility is not required to be licensed if: (1) only homebound residents are served by the salon, and nonhomebound residents, staff, family members, or the public are never served by the salon; and (2) the use of the unlicensed salon is restricted to: (a) board-licensed practitioners of cosmetology services who have homebound service permits and provide services for homebound residents of the facility; (b) staff employed by the facility providing services to homebound residents of the facility, and the services are limited to washing hair, setting hair, trimming hair, filing nails, applying and removing nail polish, and makeup applications; (c) family members providing services to their own homebound family members who are residents of the facility; and (d) volunteers providing services without compensation to homebound residents of the nursing home, housing with services entity, or assisted living facility.

Answer 124

A. Licensees with an active manager's license may apply online for a special events permit. Applicants must carry professional liability coverage of at least $25,000 for each claim and $50,000 total coverage for each policy year, and must pay the fees required by Minnesota Statutes, section 155A.33. B. The permit holder may only provide the following services: (1) cosmetologists may style, reinforce, or extend hair; (2) cosmetologists and nail technicians may remove and apply nail polish; and (3) cosmetologists, estheticians, and advanced practice estheticians may remove and apply makeup, except eyelash extensions may not be applied or removed. C. Permits have the restrictions in subitems (1) to (6). (1) Permits expire on December 31 of the year in which the permit is issued, but are valid only with an active manager's license held by the permit holder. (2) One permit covers all events registered by the permit holder with the board for the calendar year. (3) Each event must be registered online with the board at least 48 hours prior to the start of the event. (4) The permit holder must print the special events permit from the online license record and have the printed permit in the permit holder's possession during each event. (5) The permit holder must comply with all infection control requirements and safety requirements in parts 2105.0375 and 2105.0377, and must carry a first aid kit that meets the requirements of part 2105.0370, item A. (6) At each special event, the permit holder must provide a sufficient number of brushes, combs, makeup brushes, and other implements equal to the number of persons receiving cosmetology services at the event, so that only disinfected tools and implements are used on each client. D. The hours spent working under a special event permit do not count toward the work hours in a licensed salon required to obtain other licenses under this chapter. E. A special event permit holder must not use the permit to provide regulated services in a mobile vehicle or mobile structure that is owned or operated by the permit holder or a board licensee unless the mobile vehicle or mobile structure is licensed as a mobile salon under this part. A licensed mobile salon does not require a special event permit for services offered in the mobile salon.

Answer 125

A homebound service permit authorizes a licensee to provide services in a licensed nursing home to residents or in the residence of an individual who is homebound. A. To obtain a homebound service permit, an applicant must apply and: (1) hold an active Minnesota practitioner license; (2) provide a current Certificate of Insurance of professional liability insurance as required under part 2105.0310; (3) attest that services will be provided only to individuals residing in a licensed nursing home, or in the residence of a homebound individual, and that the licensee will carry the homebound service permit at all times when providing services for homebound individuals; and (4) pay the fees required by Minnesota Statutes, section 155A.25. B. Homebound service permits are issued by the board for a three-year cycle. C. A homebound service permit is not valid unless the permit holder's practitioner license is active. If the practitioner's license has expired, a permit must not be used until the practitioner has renewed the practitioner license. D. The permit holder must maintain the professional liability insurance as required in item A for the duration of the permit. E. The licensee must comply with all infection control requirements and safety requirements in parts 2105.0375 and 2105.0377, and must carry a first aid kit meeting the requirements in part 2105.0370, item A, when not in a licensed nursing home. F. The hours spent working under a homebound service permit do not count toward the work hours in a licensed salon required to obtain other licenses under this chapter.

Answer 126

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

Answer 127

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.

MN Rules: Chapter 2105, Cosmetology: Individuals And Salons Flashcards

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