MN Rules: Chapter 2105, Cosmetology: Individuals And Salons Flashcards
Scope
For the purpose of this chapter, the terms to find in this part have meetings given to them, unless their context clearly requires otherwise.
Active license
A current license that has not expired and is not retired
Advanced exfoliation
A cosmetic procedure removing epidermal skin cells through manual, mechanical, or chemical means
Advanced extraction
An extraction performed using lancets or needles
Advertising
Any written or graphic representation designed to elicit enrollment or the sale of goods or services, and includes signs, displays circulars, business cards, brochures, and recruitment materials in print, on air, or online
Autoclave
A device registered and listed with the Food and Drug Administration used to sterilize tools, equipment, and supplies by subjecting them to high pressure saturated steam
Basic exfoliation
The removal of dead skin cells in the stratum corneum layer of the epidermis through manual or chemical means
Basic extraction
Extractions performed using gloved fingers, cotton swabs, or comedone extractors
Board
The Board of Cosmetologist Examiners
Chemical peel
A chemical exfoliation achieved by applying non-prescription, chemical solutions or products
Clean
Free from all soil, dirt, and debris, and washed with soap and water, or a cleaning agent, and rinsed
Compensation
A monetary or non-monetary remuneration for services
Disinfect
The use of an antimicrobial pesticide that eliminates harmful bacteria, fungi, and viruses on non-porous surfaces
Disinfectant
An anti-microbial pesticide that is registered with the Environmental Protection Agency for use in a hospital setting and is a bactericide, virucide, and fungicide
Electrical energy treatments
Advanced practice esthetic services for cosmetic care of the skin that use electrical energy as applied by skin care equipment used on the epidermal layer. Excludes lasers.
Extraction
The cosmetic technique of removing impactions and comedones from follicles
Good repair
An item is clean with no holes, frayed wires, or tears in coverings, and fully operational for the purpose intended
Hazardous
A hazardous substance or harmful physical agent as defined under part 5206.1500, subpart 6, or any substance defined as hazardous in the Code of Federal Regulations, title 29, part 1910.1200
Homebound
An individual lacks the physical or intellectual capacity for independent transportation, and is unable to travel independently to a licensed salon
Licensed services
Those services defined as the practice of cosmetology under Minnesota Statutes, section 155A.23, subdivision 3
Lymphatic drainage
A procedure using a light rhythmic pressure applied by manual or other means to the skin, using specific lymphatic manipulations to promote drainage of the lymphatic fluid through the tissue
Microdermabrasion
A cosmetic procedure using mechanical or manual means of light abrasion on the epidermal layer of the skin
Mobile structure
A trailer or other enclosed space towed by a vehicle. Does not include a manufactured home
Nursing home
A facility that is licensed under Minnesota Statutes, chapter 144A, and does not include any attached or adjacent facilities that are not licensed as a nursing home under Minnesota Statues, chapter 144A
Operator
A standard license for a practitioner and not a manager license
Physical location
The contiguous space representing each salon that can be accessed by customers without exiting the salon
Porous material
A material that absorbs liquid or allows liquid to penetrate
Sharps
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
Sharps container
A closed, puncture-resistant, leak-proof container, labeled with the international biohazard symbol, that is used for handling, storage, transportation, and disposal of sharps
Simple braiding devices
Includes clips, combs, curlers, curling irons, hair pins, rollers, scissors, needles, and thread
Special event
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
Unregulated service
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
Work area
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
2105.0105 SCOPE: Cosmetology
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.
2105.0105 SCOPE: Esthetics
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.
2105.0105 SCOPE: Nail technician services
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.
2105.0105 SCOPE: Eyelash technology
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.
2105.0105 SCOPE: Advanced practice esthetic services
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.
2105.0110 ADVERTISING
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.
2105.0115 INSPECTIONS: Protocol
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.
2105.0115 INSPECTIONS: Violations and orders to comply
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.
2105.0115 INSPECTIONS: Posting inspection results
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.
2105.0115 INSPECTIONS: Inspection penalties and discipline
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.
2105.0115 INSPECTIONS: Inspection penalties and discipline
2105.0115 INSPECTIONS: Application of inspection penalties
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.
2105.0145 APPLICANTS FOR INDIVIDUAL LICENSES: Cosmetologists, nail technicians, estheticians, and eyelash technicians
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.
2105.0145 APPLICANTS FOR INDIVIDUAL LICENSES: Advanced practice estheticians
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.
2105.0145 APPLICANTS FOR INDIVIDUAL LICENSES: Salon managers
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.
2105.0145 APPLICANTS FOR INDIVIDUAL LICENSES: School managers
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.
2105.0145 APPLICANTS FOR INDIVIDUAL LICENSES: Instructors
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.
2105.0145 APPLICANTS FOR INDIVIDUAL LICENSES: Additional licenses
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.
2105.0186 CONTINUING EDUCATION (CE) PROVIDERS: Providers of core CE courses for practitioners
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.
2105.0186 CONTINUING EDUCATION (CE) PROVIDERS: Providers of professional practice CE courses for practitioners
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.
2105.0186 CONTINUING EDUCATION (CE) PROVIDERS: Providers of instructor CE courses
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.
2105.0186 CONTINUING EDUCATION (CE) PROVIDERS: Providers of school manager CE courses
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.
2105.0186 CONTINUING EDUCATION (CE) PROVIDERS: CE course hours
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.
2105.0186 CONTINUING EDUCATION (CE) PROVIDERS: Records requirements for CE course providers
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.
2105.0186 CONTINUING EDUCATION (CE) PROVIDERS: Audit provisions for CE courses and providers
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.
2105.0187 SKILLS COURSES
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.
2105.0190 MAINTAINING INDIVIDUAL LICENSES: Compliance with applicable law
The licensee is responsible for verifying that the salon or school in which the licensee is practicing has an active license, and the licensee must continuously comply with all applicable provisions of Minnesota statutes and rules.
