Minnesota Statues Ch: 155A. Cosmetology

A Board of Cosmetologist Examiners

is established to consist of seven members, appointed by the governor: two cosmetologists, two school instructors, one esthetician, one nail technician, and one public member

what are the criteria for the members of the board of cosmetologist examiners

1. must be currently licensed in their field. 2. have practiced in the licensed occupation for at least five years immediately prior to their appointment. 3. be graduates from grade 12 of high school or have equivalent education. 4. have knowledge of MN L

how are the health and safety of the people of the state served by the licensing of the practice of cosmetology?

because of infection control and the use of chemicals, implements, apparatus, and other appliances requiring special skill and education.

Terms

words defined that have meanings given to them

Board

means the Board of Cosmetologist Examiners

Cosmetology

The practice of personal services, for compensation, for the cosmetic care of the hair, nails, and skin.

The services included in "cosmetology

cleaning, conditioning, shaping, reinforcing, coloring and enhancing the body surface in the areas of the head, scalp, face, arms, hands, legs, feet, and trunk of the body, except where these services are performed by a barber.

Eyelash Extensions

Means the application, removal, and trimming of threadlike natural or synthetic fibers to an eyelash, and includes the cleansing of the eye area and lashes.

What do eyelash extensions not include?

color agents, straightening agents, permanent wave solutions, bleaching agents, applications to the eyebrow, or any other cosmetology service.

Eyelash Technician

any person who is not a cosmetologist, esthetician, or advanced practice esthetician who, for compensation, performs the personal services limited to eyelash extensions.

Esthetician

any person who, for compensation, performs personal services for the cosmetic care of the skin only.

Individual license

means of license described as a three year license.

Nail technician

is any person who, for compensation, performs personal services for the cosmetic care of the hands, feet, and nails only.

Manager

is any person who is a cosmetologist, esthetician, advanced practice esthetician, nail technician practitioner, or eyelash technician practitioner, and who has a manager license and provides any services under that license.

Mobile Salon

Is a salon that is operated in a mobile vehicle or mobile structure for exclusive use to offer personal services.

Salon

Is an area, room, or rooms employed to offer personal services. Does not included the home of a customer but the board may adopt health and infection control rules governing practice in the homes of customers.

School

A place where any person operates and maintains a class to teach cosmetology to the public for compensation. Does not include a place where the only teaching of cosmetology is done by a licensed cosmetologist as part of a community education program of le

Instructor

any person employed by a school to prepare and present the theoretical and practical education of cosmetology to persons who seek to practice cosmetology. This person must maintain an active operator or managers license in the area in which the person hol

Person

May extend and be applied to bodies politic and corporate, and to partnership and other incorporated associations.

Theading

A method of removing hair from the eyebrows, upper lip, or other body parts by using cotton thread to pull hair from follicles. Does not include the use of chemicals or any type of wax. May include the use of other the counter astringents, gels, and powde

Advanced practice Esthetician

A person who for compensation performs personal services for the cosmetic care of the skin, including the use of mechanical or electrical skin care apparatuses or appliances that are used on the epidermal layer of the skin

Designated Licensed Salon Manager

DLSM. A manager designated by a salon owner and registered with the board, who is responsible with the salon owner for the salon and practitioner compliance

School Manager

Is a cosmetologist who is a salon manager and who has a school manager license. Must maintain an active salon manager's license

Designated School Manager

A School manager who is designated by the school owner and registered with the board, who is responsible with the school owner for school and instructor compliance.

Practitioner

Any person licensed in the practice of cosmetology, esthiology, nail technology services, or eyelash technology services.

Hiring and assignment of employees

The board has the authority to hire qualified personnel in the classified service to assist in administering the law, including those for the testing and licensing or applicants, conducting inspections, and complain investigations.

Initial practitioner, manager, or instructor license fees

$195 total. $155 for each initial license. $40 for each initial license application fee

Renewal of practitioner license

$115. $100 for each renewal license. $15 for each renewal application fee.

Renewal of Manager or Instructor License

$145. $130 for each renewal license. $15 each renewal application fee

Initial Salon License

$350. $250 for each initial license. $100 for each initial license application fee

Salon License Renewal

$225. $175 for each renewal. $50 for each renewal application fee

Initial School License

$4,000. $3,000 for each initial license and $1,000 for each initial license application fee

Renewal of School License

$2,500. $2,000 for each renewal. $500 for each renewal application fee.

Reinspection fee

$150

Manager and owner with expired practitioner found on inspection

$150

Expired practitioner or instructor found on inspection

$200

Expired salon found on inspection

$500

Expired school found on inspetion

$1,000

Failure to display current license

$100

Failure to dispose of single-use equipment, implements, or materials..

$500

Use of prohibited razor-type callus shavers, RASPS, or graters

$500

Performing nail or cosmetology services in esthetician salon, or performing esthetician or cosmetology services in a nail salon

$500

Owner and manager allowing an operator to work as an independent contractor

$200

Operator working as an independent contractor

$100

Refusal or failure to cooperate with an inspection

$500

Practitioner late renewal fee

$45

Salon or School late renewal fee

$50

Homebound service permit

$50 three-year fee

Name change

$20

Certification of Licensure

$30 each

Duplicate License

$20

Special Event Permit

$75 per year

Registration of hair braiders

$20 per year

Temporary military license for a cosmetologist, nail tech, esthetician, or AP esthetician

$100. one-year fee

Expedited Initial Individual License

$150

Expedited Initial Salon LIcense

$300

Instructor continuing education provider approval

$150 per year

Practitioner continuing education provider approval

$150 each year

Fees Disposition

All fees established must be paid to the executive secretary of the board. the executive secretary of the board shall deposit all fees in the general fund in the state treasury.

Refunds

Shall be given in the following situations: overpayment; death or permanent disability before the effective date of a license; or an individual's ineligibility for licensure. Applicants determined ineligible to receive a license will be refunded the licen

Other LIcenses

A licensee who applies for licensing in a second category shall pay the full license fee and application fee for the second category of license.

License expiration date

Individual licenses expire on the last day of the licensee's BIRTH MONTH of the year due. Salon and school licenses expire on the last day of the month of initial licensure of the year due.

Board must approve or deny application; timeline

Within 15 working days of receiving a complete application and the required fees to apply for or renew an individual or salon license that is not an expedited license or a military license, the board must 1. issue the license
2. deny the license and notif

Additional review for certain license

If an application contains discrepancies, the applicant is the subject of a complaint investigation, or the applicant has pending disciplinary actions before the board, the board will comply with the time limits.

Temporary Military License or expedited License

Within five business days of receiving a completed application and the required fees for an individual or salon license that meets requirements for an expedited license or a temporary military license, the board must
1. issue the license
2. deny the licen

Licensing

A person must hold an individual license to practice in the sate as a cosmetologist, esthetician, nail technician, eyelash technician, advanced practice esthetician, manager, or instructor

Qualifications

Shall be determined by the board and established by rule, and shall include educational and experiential prerequisites. The rules shall require a demonstrated knowledge of procedures necessary to protect the health and safety of the practitioner and the c

Testing

All theory, practical, and Minnesota law and rule testing must be done by a board-approved provider. Appropriate standardized tests shall be used and shall include subject matter relative to the application of Minnesota law. In every case, the primary con

Licensing without test

Licensing of persons without testing may be allowed as determined by rule.

Temporary military license

The board shall establish temporary licenses for a cosmetologist, nail tech, and esthetician.

Duration of License

Licensing in each classification shall be for a period of three years.

Renewals

Renewal of license shall be for a period of three years under conditions and process established by rule and subject to continuing education requirements of section 155A.271

Fees

Examination and licensing fees shall be in the amounts specified.

Exemptions

Persons licensed to provide cosmetology services in other sates visiting this state for cosmetology demonstrations shall be exempted from the licensing provisions if services to consumers are in the physical presence of a licensed cosmetologist.

Nonresident Licenses

May be licensed in Minnesota if the individual has completed cosmetology school in a state or country with the same or greater school hour requirements, has an active license in that state or country, and has passed a board-approved theory and practice-ba

Continuing education Requirements

Applicant must complete FOUR hours of continuing education credits from a board-approved continuing education provider during the three years prior to the applicant's renewal date.
1. one credit hour must include instruction pertaining to state laws and r

Product sales or marketing prohibited

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

Continuing education providers

Only a board-licensed school of cosmetology, a postsecondary institution, or a board-recognized professional association may be approved by the board to offer continuing education for credit.

Proof of Credits

The continuing education provider shall provide to licensees documentation establishing completion of the class. Licensees shall retain proof of their continuing education credits for one year beyond the credit's expiration.

Audit

The board shall conduct random audits of active licensees and continuing education providers to ensure compliance with the requirements. The licensee must provide the requested proof (credits) to the board within 30 days notice. The provider must furnish

Special Event Services

means services rendered for compensation and performed at a location other than a licensed salon. These services are limited to the practice of nonpermanent manipulation of the hair, including: styling, setting, reinforcing, or extending the hair; the app

Special Event Services Permit

No person shall perform special event services without first obtaining a special event services permit from the board. To be eligible for a special event services permit, a person must have a valid manager's license issued by the board.

Salon Licensing

A person must not offer cosmetology services for compensation unless the services are provided by a licensee in a licensed salon. Each salon must be licensed as a cosmetology salon, a nail salon, esthetician salon, advance practice esthetician salon, or e

Salon Requirements

The conditions and process by which a salon is licensed shall be established by the board by rule. In addition to those requirements, no license shall be issued unless the board first determines that the conditions have been satisfied.
1. compliance with

Mobile Salon Requirements

Must comply with salon requirements and
1. maintain a permanent business address
2. notify the board of the locations and schedule and operation of a mobile salon.

Infection Control standards

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

Residential Salons

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

Salon Renewal

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

Salon Exemption

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

Inspections

the board is responsible for inspecting salons and schools licensed to assure compliance with the requirements. The board shall direct board resources first to the inspection of those licensees who fail to meet the requirements of law, have indicated that

Display of LIcense

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

Proceedings

If the board, or a complaint committee if authorized by the board, has a reasonable basis for believing that a person has engaged in or is about to engage in a violation of a statue, rule or order that the board has adopted or issued or is empowered to en

Legal Actions

When necessary to prevent an imminent violation of a statue, rule, or order that the board has adopted or issued or is empowered to enforce, the board, or a complaint committee if authorized by the board, may bring an action in the name of the state in th

Cease and Desist Order

the board, or complaint committee if authorized by the board, may issue and have served upon an unlicensed or unregistered person, or a holder of a license or registration, an order requiring the person to cease and desist from an act or practice that con

Licensing and registration actions

With respect to a person who is a holder of or applicant for a license or registration under this chapter, the board may by order deny, refuse to renew, suspend, temporarily suspend, or revoke the application, license, o registration, censure or reprimand

Temporary Suspension

When the board, or complaint committee if authorized by the board, issues a temporary suspension order, the suspension provided for in the order is effective on service of a written copy of the order on the licensee, registrant, or counsel of record.

Violations; penalties; costs

The board may impose a civil penalty of up to $2,000 per violation on a person who violates a statue, rule, or order that the board has adopted or issued or is empowered to enforce.

Reinstatement

Upon petition of the former or suspended licensee or registrant, the board may reinstate a suspended, revoked, or surrendered license or registration. The board may in its sole discretion place any condition on reinstatement of a suspended, revoked, or su

Single-use equipment and materials

single-use equipment, implements, or materials that are made or constructed of paper, wood, or other porous materials must only be used for one application or client service. Failure to dispose of the materials in this subdivision is punishable buy penalt

Skin-cutting equipment

Razor-type callus shavers, rasps, or graters designed and intended to cut growths of skin such as corns and calluses, include but not limited to credo blades, are prohibited. Presence of these articles in the work area is prima facie evidence of use and i

Substances

Licensees must not use any of the following substances or products in performing cosmetology services:
1. methyl methacrylate liquid monomers, also known as MMA
2. fumigants, including but not limited to formalin tablets or formalin liquids.

Violations; Penalties

Any person who violates any of the provisions of sections 155A.21 to 155A.36 is guilty of a misdemeanor