Chapter 2105 and 155A
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 FDA 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
Chemical peel
a chemical exfoliation achieved by applying nonprescription chemical solutions or products
Clean
free from all dirt, soil, 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 nonporous surfaces
Disinfectant
an antimicrobial pesticide that is registered with the EPA for use in a hospital setting and is a barbicide, virucide, and fungicide
Electrical Energy Treatments
advanced practice esthetic services for the cosmetic care of the skin that use electrical energy as applied by skin care equipment used on the epidermal layer. They use light, direct current, indirect current, or sound energy, but do NOT include laser, as the practice of medicine
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
Homebound
an individual lacks the physical or intellectual capacity for independent transportation and is unable to travel independently to a licensed salon
Lymphatic drainage
a procedure using 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 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 MN statutes chapter 144A, and does not include any attached or adjacent facilities that are not licensed as a nursing home under MN statutes
Operator
a standard license for a practitioner and not a manager
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 pre sterilized 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
Special event
an event held for any purpose other than the provision or licensed services, where a participant in the event may receive the limited cosmetology services described in part 2105.0410, subpart 2, at a location not in a licensed salon
Sterilization
the destruction of all microbial life and spores through the use of heat, steam, or chemical sterilants
Suite-style salon
a business under part 2105.0397 specializing in leasing or renting individual rooms or suites to licensees, where the salon license may be carried by the business or where each suite has its own salon license
Unregulated service
those services not defined as the practice of cosmetology under MN statutes, section 155A.23, subdivision 3, and that are exempt from regulation by the board. Ear piercing, body art, body painting, henna tattoos, permanent tattoos, eyebrow embroidery, eyebrow micro blading, permanent hair removal, permanent makeup, tanning by UV radiation and spray tanning units, injectables, services for theatrical, TV, 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 MN statutes, hair braiding, and threading
How long does a salon have to fix any violations found upon inspection?
10 business days
Where must inspection reports be?
a conspicuous location, reception area visible to all
Maximum penalty for each salon license
$3,000
Maximum penalty for the DLSM per salon license
$2,000
Maximum penalty for each individual practitioner per license or permit
$1,000
How many continuing education hours are required?
8; including a 4 hour course that’s 1 hour laws and rules and 3 hours on health, safety, and infection control, and 4 hours of professional practice
When must a licensee inform the board of a name or address change?
within 30 days
Does a retired license allow the person to practice cosmetology?
no
What are the responsibilities of the DLSM?
register with the board, acknowledge responsibility for salon and practitioner compliance even when away from the salon
Is alcohol an acceptable disinfecting agent?
no
What are the characteristics of a board approved disinfectant?
hospital level, EPA registered, labeled as bactericidal, virucidal, and fungicidal
Who are the 7 members of the Board of cosmetology?
2 cosmetologists, 1 of whom is recommended by a professional association of cosmetologists, nail technicians, and estheticians, 2 school instructors, one of whom is teaching at a public school and one teaching at a private school, 1 esthetician, 1 nail technician, 1 public member
Initial practitioner, manager, or instructor license fee
$195: $155 + $40 application fee
Renewal of practitioner license
$115: $100 + $15 application fee
Renewal of manager or instructor license
$145: $130 + $15 application fee
Initial salon license fee
$350: $250 + $100 application fee
Renewal of salon license fee
$225: $175 + $50 application fee
Initial school license fee
$4,000: $3,000 + $1,000 application fee
Renewal of school license fee
$2,500: $2,000 + $500 application fee
Reinspection penalty
$150
Manager and owner with expired practitioner found on inspection penalty
$150 each
Expired practitioner or instructor found on inspection penalty
$200
Expired salon found on inspection penalty
$500
Expired school found on inspection penalty
$1,000
Failure to display current license penalty
$100
Failure to dispose of single use equipment, implements, or materials penalty
$500 each
Use of prohibited razor type callus shavers, rasps, or graters penalty
$500
Performing nail or cosmetology services in an esthetician salon, or performing esthetician or cosmetology services in a nail salon penalty
$500
Owner and manager allowing an operator to work as an independent contractor penalty
$200
Operator working as an independent contractor penalty
$100
Refusal or failure to cooperate with an inspection penalty
$500
Practitioner late renewal fee
$45
Salon or school late renewal fee
$50
Homebound service permit
$50 3 year fee
Name change fee
$20
Certification of Licensure fee
$30 each
Duplicate license fee
$20
Special event permit fee
$75 per year
Temporary military license fee
$100 each
Expedited initial individual license fee
$150
Expedited initial salon license fee
$300
Instructor continuing education provider approval fee
$150 each year
Practitioner continuing education approval fee
$150 each year
Can unlicensed salons or practitioners advertise any board regulated services?
no
What must be included in any salon advertisement?
the licensed name of the salon as shown on the salon license. If it’s a franchise or corporation, the common name can be used (Great Clips). Salons that reference staff names must list at least the first name of the licensee as shown on their license.
What must be included in an advertisement from an individual practitioner?
Their full name as shown on their license or the name of the salon as shown on the salon license
How can a practitioner leasing space advertise?
They may advertise under a business name if their full name as shown on their license is listed. If their full name is not listed, where ever the business name appears, it must be immediately followed by “at (salon name)”and include the salon's licensed name.
Only currently licensed practitioners may identify themselves as a cosmetologist, esthetician, advanced esthetician, etc. True or false?
true
Can any licensed person call themselves medical, certified, or master?
no.
Responsibilities of the DLSM
They acknowledge the responsibility of the position on forms provided by the board, and is responsible for salon and practitioner compliance. They’re responsible for ensuring that all licensees and salon owner follow infection control guidelines. They can’t be responsible for more than one salon unless their hours don’t overlap. The DLSM who is no longer serving has to notify the board in writing by email or mail of their resignation. They are not required to be present at all times, but they are still responsible for compliance even while away. They can’t serve as a designated school manager unless serving as a DLSM in a one person salon that’s never open during school hours.
Minimum alcohol requirement for hand sanitizer in lieu of hand washing
60%
Responsibilities of the DLSM: salon supervision
All practitioners are in compliance with rules & laws
Each practitioner is licensed
Only one DLSM
Maintain work times records of each licensed employee (and provide to the Board if requested)
Salon name requirements
Salon name must be prominently displayed: commercial location- primary entrance. private residence- at the driveway entrance
Salon building requirements
Must meet applicable building codes, fire codes, and zoning codes
Ceiling and floor requirements
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
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 acceptable unless the salon’s most recent application was prior to January 1, 2017
Electricity requirements
Must comply with safety standards and the State Fire Code.
Outlets can’t have more than two things plugged in unless a UL-listed power strip is used
Power strips must have a circuit breaker and be plugged into an outlet and not into another power strip
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
Sink requirements
Each salon must have at least one designated sink for handwashing and cleaning and disinfecting of tools and implements. It can’t be a restroom sink, water fountain, mop sink, or pedicure tub. A shampoo can’t be the designated sink unless the salon has only one practitioner
Each sink must have hot and cold running potable water plumbed in, be equipped with liquid or foam soap, single service paper or cloth towels, and have a receptacle for discarded towels and be of sufficient size to was the tools and implements used in regulated services
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
All licensees must have access to one or more sink and disinfecting area
Each work area must have a sink or alcohol based hand sanitizer
Restroom requirements