Working Draft of Possible Changes to Cosmetology Rules Minnesota Rules, Chapter 2105 October 6, 2014 Revisor s RD

Working Draft of Possible Changes to Cosmetology Rules Minnesota Rules, Chapter 2105 October 6, 2014 Revisor s RD 0-4258 Thank you for reviewing this draft! Please note: Underlined words are new text, crossed out words are eliminated. Please send written comments on these possible changes and any other changes you would suggest to the board as soon as possible at rebecca.gaspard@state.mn.us, or by mail to BCE, 2829 University Avenue SE #710, Minneapolis MN 55414. Please include your email address or phone number in case we have any questions about your comments. For each comment, please explain why you agree or disagree and list the rule number that you are commenting about. This helps us understand your comments and concerns. These comments are to the Board, and only the Board will see them. There are two drafts, one for Chapter 2105 and one for Chapter 2110. This is the draft for Chapter 2105. This working draft of possible changes is the beginning of the formal rulemaking process and is part of the Request for Comments where we ask for input on possible changes. The Board will consider all comments received and will likely make some changes as a result of the comments. The next step, after further changes, is to publish a final draft of proposed changes in a published Notice of Intention to Adopt rules. There will be a chance to comment on the proposed changes at that time as well. Comments made about the proposed changes are reviewed by an Administrative Law Judge as well as the Board. Please see the Board website at www.bceboard.state.mn.us for town hall meeting dates and more information on the Board s rulemaking activities. Minnesota Administrative Rules CHAPTER 2105, COSMETOLOGY; SALONS BOARD OF COSMETOLOGIST EXAMINERS 2105.0010 DEFINITIONS. Subpart 1. Scope. For the purposes of this chapter, the terms defined in this part have the meanings given them, unless their context clearly requires otherwise. R04158 MN Rule Chapter 2105 a working draft of possible changes to Cosmetology Rules 10/6/14 Page 1 of 38

Subp. 2. Advertising. Advertising" means 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, on the web, or on social media. Subp. 3. Board. "Board" means the Board of Cosmetologist Examiners. Subp. 4. Clean. Clean" means free from all soil and,dirt, and debris, washed with soap or detergent and warm water. Subp. 4a. Credit Hour. Credit hour means one clock hour as defined in part 8710.7200, subpart 1. Subp. 4b. Disinfect "Disinfect" means the use of a chemical agent that eliminates harmful bacteria, fungi and viruses on non-porous surfaces. Subp. 4c. Disinfectant. Disinfectant" means a chemical agent that is registered with the Environmental Protection Agency (EPA) for use in a hospital setting and that performs the functions of: bactericides by killing harmful bacteria; virucides by killing pathogenic viruses; and fungicides by destroying fungus. Subp. 5. Communicable disease. "Communicable disease" means a contagious or infectious disease or condition. Subp. 6. Compensation. "Compensation" means a monetary or nonmonetary remuneration for services. Subp. 6a. Designated licensed salon manager (DLSM). Designated licensed salon manager means the licensed salon manager appointed by the salon owner and registered with the board who is responsible, with the salon owner, for salon and practitioner compliance. Subp. 7. Dispensary. "Dispensary" means a physical location or area in a salon or school that is primarily where cosmetology supplies, products, or, chemicals, and disinfectants are generally prepared, measured, mixed, portioned, or disposed of, and where tools and implements are cleaned and disinfected. Subp. 8. Documentation. "Documentation" means a signed, notarized statement attesting the truth of the facts stated in it. Subp. 9. Evidence. "Evidence" means written proof. Subp. 10. Good repair. "Good repair" means that an item is clean, with no holes, frayed wires, or tears in coverings, and fully operational for the purpose intended. Subp. 10a. Hair braiding. "Hair braiding" means a natural form of hair manipulation that results in tension on hair strands by beading, braiding, cornrowing, extending, lacing, locking, sewing, twisting, weaving, or wrapping R04158 MN Rule Chapter 2105 a working draft of possible changes to Cosmetology Rules 10/6/14 Page 2 of 38

human hair, natural fibers, synthetic fibers, and/or hair extensions into a variety of shapes, patterns, and textures (predominantly by hand and/or by simple braiding devices), and maintenance thereof. Hair braiding includes what is commonly known as "African-style hair braiding" or "natural hair care" but is not limited to any particular cultural, ethnic, racial, or religious forms of hair styles. Hair braiding includes the making of customized wigs from natural hair, natural fibers, synthetic fibers, and/or hair extensions. Hair braiding includes the use of topical agents such as conditioners, gels, moisturizers, oils, pomades, and shampoos. Hair braiding does not involve the use of penetrating chemical hair treatments, chemical hair coloring agents, chemical hair straightening agents, chemical hair joining agents, permanent wave styles, or chemical hair bleaching agents applied to growing human hair. Subp. 10b. Hair braiding services. "Hair braiding services" means offering to perform or performing hair braiding, as defined in subpart 10a, as a service to members of the public for a fee or other consideration. Subp. 10c. Hair braider. "Hair braider" means a person who offers to perform or performs hair braiding or hair braiding services as defined in subparts 10a and 10b. Subp. 10d. Homebound. Homebound means an individual lacks the physical or intellectual capacity for independent transportation and is unable to travel independently from home to a licensed salon. Subp. 11. Licensed services. "Licensed services" means those services defined as the practice of cosmetology under Minnesota Statutes, section 155A.23, subdivision 3 and includes the services provided by cosmetologists, estheticians, and nail technicians. Examples of cosmetic care of the hair, skin, and nails are bridal and other special event hair and make-up, eyelash extensions, eyebrow and eyelash tinting, eyelash extensions or eye tabbing, waxing, body wrapping, body facials and skin treatments, non-medical microdermabrasion, non-prescription chemical peels, and the fitting of wigs and hair pieces on the head and the dressing of wigs and hair pieces while on the head. The definition of "cosmetology" in Minnesota Statutes, section 155A.23, subdivision 3, must be construed to not prohibit or regulate hair braiding, hair braiding services, and hair braiders, as defined in subparts 10a to 10c. Subp. 11a. Nursing home. Nursing home means a facility that is licensed under chapter 144A and does not include other facilities on the same campus for non-homebound individuals. Subp. 11b. Operator. Operator means a cosmetologist, esthetician, or nail technician and is a basic practitioner license. Subp. 11c.Office of a physician. "Office of a physician" means an office or a medical clinic where patients receive medical care directly from a physician. Subp. 11d.Physician. "Physician" means a person currently licensed in good standing as a physician or osteopath under chapter 147. R04158 MN Rule Chapter 2105 a working draft of possible changes to Cosmetology Rules 10/6/14 Page 3 of 38

Subp. 11e. Porous material. "Porous material means a material which absorbs liquid or allows liquid to penetrate. Subp. 11f. Professional association. "Professional association" means a membership organization promoting cosmetology organized under chapter 317A. Subp. 11a g. Simple braiding devices. "Simple braiding devices" include clips, combs, curlers, curling irons, hairpins, rollers, scissors, needles, and thread. Subp. 12. Staff. "Staff" means the personnel of the Board of Cosmetologist Examiners. Subp. 13. Unregulated service. "Unregulated service" means those services not defined as the practice of cosmetology under Minnesota Statutes, section 155A.23, subdivision 3, and which are exempt from regulation by the board, and includes ear piercing; body wrapping; body art; body painting; henna tattoos and permanent tattoos; permanent depilitation hair removal; tattooing, permanent make-up; artificial tanning of the skin tanning by UV radiation and spray tanning units; laser skin treatments; botox and other injectables; personal services incidental to performance in for theatrical, television, film, fashion, photography, or media productions, or musical productions or media appearances; any personal mortuary services performed incidental to mortuary practice; massage services; threading; and hair braiding, hair braiding services, and hair braiders, as defined in subparts 10a to 10c; and threading as defined in Minnesota Statutes, section 155A.23, subdivision 13. Ordinances by local units of government that prohibit hair braiding, hair braiding services, or hair braiders, as defined in subparts 10a to 10c, or regulate any matter relating to licensing, testing, or training of hair braiding, hair braiding services, or hair braiders are preempted by this part. 2105.0100 UNREGULATED SERVICES. All unregulated services Salons or school clinics offering unregulated services as listed identified in part 2105.0010, subpart 13, and offered within a salon or school clinics must conspicuously post shall be clearly identified as "unregulated services" and listed on a sign conspicuously posted in the reception area. The sign shall contain lettering at least one inch high, and shall must state: "This salon offers the following services which are not regulated by the Board of Cosmetology: in letters at least one inch high, followed by a listing of all unregulated services cited in 2105.0010 subp 13. offered at that location. Unregulated services. The following services offered by (salon name) are not regulated by the state of Minnesota " R04158 MN Rule Chapter 2105 a working draft of possible changes to Cosmetology Rules 10/6/14 Page 4 of 38

2105.0110 ADVERTISING. The following provisions govern all advertising relating to the education, licensing, or practice of cosmetology: A. It is a violation of this chapter to advertise in any manner that is misleading or inaccurate with respect to any services or policies offered by the licensee All advertising must list the licensee s name as shown on the license and the license number. Exterior business signs are not required to include the license number. B. No a Advertisements shall must not state or imply favorable consideration by the Board of Cosmetologist Examiners other than to state that the salon is licensed by the board. C. Any salon advertisement shall list the licensed name of the establishment and the license held. D. No salon advertisement stating licensure by the state of Minnesota shall include reference to any unregulated services. 2105.0120 INSPECTIONS. Subpart 1. Violations. A. All violations cited by board staff shall must be corrected within ten business days, and written notification of the correction shall be sent to the board within that time. If an order to comply is issued by the board, the designated licensed salon manager and salon owner must respond in writing to the board within ten business days of the order s issuance to report how the violations have been corrected. A board inspector must require a salon to obtain a fire safety inspection from the local fire marshal or fire department when potential Minnesota State Fire Code violations are observed. B. On inspection, licensees cited for the violations listed in subitems (1) to (8) are subject to penalties under the Minnesota Statutes, section 155A.25: Board staff must issue penalties prescribed in Minnesota Statutes, section 155A.25, for violations in subitems (1) to (3) cited during a board inspection of a salon, except as provided for in Item C. Licensees must pay penalties in full before any license is renewed or issued. (1)Lapsed practitioner license, lapsed instructor license, lapsed salon license or lapsed school license; 1) failure to display current license; 2) failure to dispose of single-use equipment, implements or materials; 3) the presence of prohibited razor-type callus shavers, rasps or graters; 4) esthetician or cosmetology services performed or offered in a nail salon; 5) nail or cosmetology services performed or offered in an esthetician salon; R04158 MN Rule Chapter 2105 a working draft of possible changes to Cosmetology Rules 10/6/14 Page 5 of 38

6) an operator working as an independent contractor; 7) refusal or failure to cooperate with an inspection. 8) (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 current license of a practitioner or salon not conspicuously displayed; (d) esthetician or cosmetology services performed or offered in a nail salon; (e) cosmetology or nail services performed or offered in an esthetician salon; (f) reuse of or failure to dispose of single-use items immediately after use; (g) the presence of prohibited callus shavers, graters or rasps; and (h) refusal or failure to cooperate with an inspection. (2) A designated licensed salon manager (DLSM) of a salon is subject to penalty for cited during inspection for: (a) each expired practitioner s license, including the DLSM; (b) each expired salon license; (c) each current license of a practitioner or salon not conspicuously displayed; (d) esthetician or cosmetology services performed or offered in a nail salon; (e) cosmetology or nail services performed or offered in an esthetician salon; (f) reuse of or failure to dispose of single-use items immediately after use; (g) the presence of prohibited callus shavers, graters or rasps; and (h) the salon manager 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 current license not conspicuously displayed, if a current license is held; (c) esthetician or cosmetology services performed or offered in a nail salon; (d) cosmetology or nail services performed or offered in an esthetician salon; (e) reuse of or failure to dispose of single-use items immediately after use; (f) the presence of prohibited callus shavers, graters or removers; and (g) the practitioner s refusal or failure to cooperate with an inspection. C. The maximum total penalties assessed by a Board inspector under Item B are: (1) Salon penalties per inspection must not exceed $3,000. (2) Designated Licensed Salon Manager s penalties must not exceed $2,000. (3) Practitioner penalties must not exceed $1,000. R04158 MN Rule Chapter 2105 a working draft of possible changes to Cosmetology Rules 10/6/14 Page 6 of 38

C. D Violations of Minnesota Statutes 155A and violations of Minnesota Rules, Chapters 2105 and 2110, including those listed in item B, found on a board inspection may result in further disciplinary action as identified in Minnesota Statutes, section 155A.33 Subp. 2. Business hours and location. Each salon owner shall must provide the board with an accurate schedule of the salon s business hours that the salon is open for business and notify the board of any changes as soon as possible, and not more than 14 days as provided under part 2105.0322, subpart 8. Salons, including salons open by appointment only and salons with irregular hours, must cooperate when asked by Board inspectors to arrange inspection times. If the salon is open by appointment only, the salon owner shall designate one-half day a month when he or she shall be available at the salon for inspection of the salon. For country shops, owners shall supply a detailed map indicating the salon's exact location and directions for driving to that salon. Subp. 3. Inspection requirements. Each cosmetology salon shall be is subject to inspection at any time the board deems it necessary to affirm compliance. All salon staff, including the owner, designated licensed manager, other licensees, and unlicensed support staff must cooperate with the inspection. Subp. 4. Inspection Report Results. Inspectors may discuss the results of the preliminary inspection report at its conclusion, in private, with the salon owner, or designated licensed salon manager (DLSM), or an available salon representative or a licensee if the owner or DLSM is not available. or a responsible person so designated in writing by the manager. A written report shall also be given or sent to the owner or salon. The salon and the public have access to the final inspection report. Subp. 5. Inspection Report availability notice. After the salon s first inspection, A a five-inch by seven-inch notice shall must be posted in the reception area stating in boldface letters at least one inch high: "THIS SALON HAS BEEN LICENSED AND INSPECTED BY THE STATE OF MINNESOTA. PLEASE ASK TO SEE A COPY OF THE OUR MOST RECENT STATE INSPECTION REPORT IS AVAILABLE FOR YOUR REVIEW UPON REQUEST." The most recent inspection report must be readily available for review by the public. 2105.0130 EXAMINATIONTESTS ADMINISTRATION. Subpart 1. Schedules and sites. Examination Test schedules and sites shall be are determined by the board. Subp. 2. Exam space. Each school shall make space available on its premises for the performance of the licensing examinations upon request by the board, if the request is reasonable and timely. R04158 MN Rule Chapter 2105 a working draft of possible changes to Cosmetology Rules 10/6/14 Page 7 of 38

Subp. 3. Instructor examination. Instructor examination: A. The board shall have access to the clinic area of a licensed school no more than once per year and to licensed instructors no more than twice per year for assistance in conducting the practical examination for instructors. B. Each examinee is responsible for providing the model for the practical examination and shall be responsible for insuring the suitability of that model for the examination. Models shall be over 16 years of age. The model shall not be a licensed cosmetologist or a cosmetology student. Subp. 4. 2 Reexam limit Test Expiration. A passing exam test score is valid for 12 months following the date of the test. Subp. 5 Exam administered in English. Examinations shall be administered and conducted in English. A reader may be used if documentation is provided that substantiates a reading disability. Documentation must be adequate so as to allow the board to identify the reading disability, verify its existence as to the examination applicant, and confirm that it prevents the applicant from taking the examination in the prescribed manner. Use of a reader must be approved by the board prior to application for the examination. 2105.0140 APPLICANTS FOR INDIVIDUAL LICENSES. Applications for licensure shall be made in writing and contain the requirements of items A to C. Subpart 1. Cosmetologists, nail technicians and estheticians. Applicants licensed in other states and applicants who received training in other countries must meet the requirements of 2105.0180. All other applicants must provide items required in A to E: A. A completed paper or electronic application form; and B. The applicant shall provide evidence of completion of a high school diploma or transcript showing graduation, or a general educational development certificate; and C. The applicant shall demonstrate by examination minimal skills and knowledge necessary for the license sought. The applicant shall successfully complete Original passing test results less no more than a year old of the following board-approved tests for the license level sought: (1) general theory test; and (2) practical test for cosmetologists, nail technicians or estheticians; and (3) test on Minnesota Statutes and Rules. written theory and practical examination demonstrating knowledge of professional, health, and safety methods and procedures and knowledge of Minnesota statutes and rules pertinent to the practice of cosmetology at the level of the license sought. C. The applicant shall pay the required fees identified in Minnesota Statutes, section 155A.25 R04158 MN Rule Chapter 2105 a working draft of possible changes to Cosmetology Rules 10/6/14 Page 8 of 38

2105.0150 COSMETOLOGISTS, NAIL TECHNICIANS, AND ESTHETICIANS. In addition to the requirements of part 2105.0140, the applicant shall provide documentation of having completed the following professional training, within three years prior to this application: 1) D. proof of completion of training as follows: 1. graduates of a Minnesota licensed cosmetology school must submit the original course completion certificate and original skills certificate with the notarized signatures of the school manager or owner documenting the successful completion of a full course of training (1,550 hours for a cosmetologist, 350 hours for a nail technician, and 600 hours for an esthetician, including any hours transferred from another state) within the past three years; and 2. graduates of an out of state training program, and those persons who have partially completed training in another state, may obtain the required course completion certificate and skills certificate by applying to a Minnesota licensed cosmetology school as a transfer student under 2110.0700 and meeting the school s requirements. The applicant must submit the original certificate of course completion from the Minnesota licensed school with the notarized signatures of the school manager or owner documenting successful completion of a full course of training (1,550 hours for a cosmetologist, 350 hours for a nail technician, and 600 hours for an esthetician, including any hours transferred from another state) within the past three years; and If an applicant has received training in another state, but has not completed that state s prescribed course of training, or if that course is less than the number of hours required by this rule, completion of training and certification of skills in a Minnesota school shall be attained. The applicant shall receive credit for all hours of training earned in the non-minnesota school. The applicant shall then attend a Minnesota school until the required number of hours has been completed. E. payment of the fees required by Minnesota Statutes, section 155A.25. 2105.0160 MANAGERS. Subp 2. Salon Managers. An applicant for a salon manager license must: A. provide documentation of hold a current Minnesota cosmetologist, esthetician, or nail technician license, ; B. provide documentation of at least 2,700 hours of licensed practice, in a licensed salon and supervised by a licensed manager, within the three years prior to this application; C. submit original passing test results of the salon manager test no more than a year old, and An individual wishing to manage a school shall also successfully complete an examination covering Minnesota laws and rules related to school and hold a current active cosmetology salon manager s license. The applicant shall D. pay the fees identified required in Minnesota Statutes, section 155A.25. Subp 3. School Managers. An individual wishing to manage a school An applicant for a school manager license must: A. hold a current Minnesota cosmetology salon manager license; R04158 MN Rule Chapter 2105 a working draft of possible changes to Cosmetology Rules 10/6/14 Page 9 of 38

B. submit original passing results no more than a year old of the school manager test covering Minnesota laws and rules related to schools; and C. pay the fees required in Minnesota Statutes, section 155A.25. Subp 4. Instructors. An applicant for an instructor license must: A. hold a current Minnesota cosmetologist, nail technician or esthetician license as an operator or manager; B. provide documentation of at least 6,000 hours of licensed practice as a cosmetologist, nail technician, or esthetician within the six years prior to this application; C. Provide submit the original signed course completion certificate evidence of successful completion of a board approved instructor course not more than a year old; D. submit original passing instructor test results not more than a year old; and E. pay the fees required in Minnesota Statutes, section 155A.25 2105.0180 ENDORSEMENT OR TRANSFER OF LICENSES FROM OTHER STATES OR COUNTRIES Subpart 1. License issued. Applicants with required training who are licensed in another state. Applicants for a cosmetologist, nail technician or esthetician operator license who have completed the required number of hours of training (1,550 hours for a cosmetologist, 600 hours for an esthetician, and 350 hours for a nail technician) and are licensed in another state must provide the following: A. a completed application form; B. a letter of verification of licensure no more than 90 days old sent directly from each state where the applicant has been licensed. A verification letter must verify the current status and history of licensure, discipline history, hours of training, and whether or not the licensee has passed a general theory test and a practical test. If a state does not issue verification letters, the applicant must submit a copy of the current license and a completed selfverification form; C. if the out of state license is not current and active, the applicant must provide documentation of completion of a board approved competency course no more than a year old; D. a high school diploma or transcript showing graduation, or GED certificate; E. original passing test results no more than a year old of a board approved general theory test. F. original passing test results no more than a year old of a board approved practical test. G. original passing test results of the Minnesota state laws and rules test no more than a year old; and H. payment of the fees as required by Minnesota Statutes, section 155A.25. An operator license shall be issued to an individual applying from another jurisdiction state or country if the requirements of subpart 2 are met. Subp. 2. Application for a Minnesota license. Applicants with less than the required training who are licensed in another state. Applicants for a cosmetologist, nail technician, or esthetician operator license who have not completed the required number of hours of training (1,550 hours for a cosmetologist, 600 hours R04158 MN Rule Chapter 2105 a working draft of possible changes to Cosmetology Rules 10/6/14 Page 10 of 38

for an esthetician, and 350 hours for a nail technician), and who are licensed in another state must provide the following : A. documentation of additional training hours to meet the minimum hours from a board licensed cosmetology school or evidence of a current active license for at least 3 years in another state; B. a letter of verification no more than 90 days old sent directly from each state where the applicant has been licensed. The verification letter must verify the current status and history of licensure, discipline history, hours of training, and whether or not the licensee has passed a general theory test and a practical test. If a state does not issue verification letters, the applicant must submit a copy of the current license and a completed self-verification form; C. if the out of state license is not current and active, the applicant must meet the requirements of subpart 5; D. a high school diploma or transcript showing graduation, or GED certificate; E. original passing test results no more than a year old of a board approved general theory test; F. original passing test results no more than a year old of a board approved practical test; G. original passing test results of the Minnesota state laws and rules test no more than a year old; and H. payment of the fees as required by Minnesota Statutes, section 155.A.25 Subp. 3. Applicants from another country who have not been licensed in another state. Applicants for a cosmetologist, nail technician or esthetician operator license who are from another country and have not been licensed by another state must: A. Apply to a board licensed school as a transfer student for an evaluation of training, school records, and work experience under Minnesota Rules Chapter 2110.0700, rectify any deficiencies noted in the evaluation results, and provide the original course completion certificate and skills certificate; and B. Complete an application and submit with the followingitems : (1).a high school diploma or transcript showing graduation, or GED certificate; (2) original passing test results of a board approved general theory test no more than a year old; (3) original passing test results of a board approved practical test no more than a year old; (4) original passing test results of the Minnesota state laws and rules test no more than a year old; (5) documentation of completion of a board approved competency course no more than a year old; and (6) payment of the fees as required by Minnesota Statutes, section 155.A.25 B. The individual applying for a reciprocity license must provide the following: A. payment of fees as required by MN Statute 155A.25; B. documentation of completion of training consisting of 1,550 hours for a cosmetologist, 600 hours for an esthetician, and 350 hours for a nail technician. Foreign language transcripts must be translated by a Board approved translator. Applicants with less than the required number of hours of school may substitute three years of experience under a current active license in another jurisdiction; C. current licensure from another state, District of Columbia, territory, or country. A certified statement from the licensing body that the applicant is currently licensed shall be attached to the R04158 MN Rule Chapter 2105 a working draft of possible changes to Cosmetology Rules 10/6/14 Page 11 of 38

application. If the other jurisdiction does not issue a license, the applicant shall provide documentation lawful practice for at least 1,800 hours within three years prior to the application; D. if more than three years have elapsed since the expiration of the applicant s most recent active license, the applicant shall provide evidence of completion of a refresher course, including a certification of skills, consisting of 155 hours for a cosmetologist, 60 hours for an esthetician, and 35 hours for a nail technician; E. original passing results of the Minnesota General exam or verification of passing a national general exam via verification letter from a state in which the applicant is currently licensed ; and F. original passing results of the Minnesota state laws and rules exam for a cosmetologist, esthetician or nail technician. Subp.4. Foreign language documents. All foreign language documents must be translated into English by a board-approved translator. 2105.0185 CONTINUING EDUCATION PROVIDERS. Continuing education (CE) credit hours required for the renewal of operator and salon manager licenses may be offered through in-person classes, online classes, and independent study classes. The four credit hours must include one credit hour on state cosmetology laws and rules, and three credit hours on health, safety, and sanitation. A. All CE courses must be taught by a board licensed cosmetology instructor. A. B. Board-licensed cosmetology schools and postsecondary schools licensed by the Minnesota Office of Higher Education under Minnesota Statutes, section 136A.103, paragraph (a), may choose to offer the four-hour continuing education CE course, notifying the board as soon as possible of their intent to begin or to cease offering the course. B. C. Professional associations may, on recognition by the board, offer the continuing education course, and may must apply for board recognition and approval of the four hour CE curriculum in writing on forms supplied by the board. Board approval is valid for three years and approval must be renewed. Professional associations must notify the board of any decision to cease offering the course as soon as possible. 2) D. All providers of continuing education CE courses, including schools under item A and professional associations under item B, must provide attendees with a receipt showing successful completion of the credit hours course, and must retain records of attendees for five years after the credit hours are earned course. Providers must respond to any board request to verify a licensee s credit hours course completion within 15 days of the request. The board may audit a class at any time, and board staff may attend a class at any time at no cost. If a provider is not in compliance with this section, or if the board determines a continuing education class offered by the provider does not reflect current professional standards or practices, the board may apply the disciplinary provisions of Minnesota Statutes, section 155A.33, may rescind approval of a professional association s CE course. R04158 MN Rule Chapter 2105 a working draft of possible changes to Cosmetology Rules 10/6/14 Page 12 of 38

2105.0600 0187 REFRESHER COMPETENCY COURSES. A licensed cosmetology school, salon, or a professional association may plan and offer a refresher course taught by licensed instructors of at least 40 hours in length for cosmetologists, estheticians, and/or nail technicians. The course shall focus on knowledge, skills, and product types related to chemical services and shall balance lectures, demonstrations, and clinical experiences. It shall be held in a licensed salon or school. The course sponsor shall provide the individuals who successfully pass a final course examination with course completion certificates. The class attendees are then responsible for providing a copy of the completion certificates to the Board of Cosmetologist Examiners when required. A. A board-approved nail technician competency course, esthetician competency course, and cosmetologist competency course may be offered through in-person classes, online classes, and independent study classes. The courses must include updates on industry changes in the last five years, include practical exercises for the appropriate license type, and focus on a curriculum designed to ensure the competency of a formerly licensed practitioner who has not practiced in the last six years and who has completed four hours of continuing education credits for renewing a license before attending the competency course. B. All competency courses require board approval and must be taught by an instructor licensed by the board at the license level of the class. C. Providers must apply for course approval, and for each license type course must : 1. provide the course syllabus; 2. identify whether the class is in-person, online, or independent study; 3. identify each practical exercise components, and for online classes explain in detail how the practical exercises will be evaluated; 4. provide copies of any course study materials, handouts, and instructions to participants; 5. list the names, license type, license expiration date, and license numbers of the instructors; and 6. Identify the proposed course locations and schedule. D. Course approval is valid for a maximum of three years and must be renewed. Course approved for cosmetology schools will be valid for the remainder of the current license cycle. Courses approved for professional associations will follow the three year license cycle. E. Providers discontinuing the competency course must notify the board as soon as possible of the decision to discontinue the course offering. F. All providers of competency courses must provide attendees with a course completion certificate showing successful completion of the course and practical exercises, and must retain records of attendees for five years. G. The board is authorized to audit a class at any time, and board staff may attend a class at any time at no cost. The board may rescind board approval of the course, rescind recognition of a professional association, or may apply the disciplinary provisions of Minnesota Statutes, section 155A.33, if a provider is not in compliance with this section, or if the board determines a competency course conducted by the provider does not reflect current professional standards or practices. R04158 MN Rule Chapter 2105 a working draft of possible changes to Cosmetology Rules 10/6/14 Page 13 of 38

2105.0190 MAINTAINING INDIVIDUAL LICENSES. Subpart 1. Compliance with applicable law The licensee is responsible for verifying that the salon or school in which the licensee is practicing has a current license, and the licensee shall must continuously comply with all applicable provisions of Minnesota Statutes and rules. Subp. 2. Change of name or address. The licensee shall advise the board of a change of name or address in writing, including both new and old name and address, within 30 days of the change, and pay the duplicate license fee. 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 31rst day of the new legal name. Subp. 2a. Address change. The licensee must maintain a current mail address on file with the board, and must update the address within 30 days of any address change. Licensees may also provide an electronic mail address. Subp. 3. Renewal. The licensee shall must renew the license as required by part 2105.0200 prior to its expiration date. Subp. 4. Display of license. The licensee shall must post the license at the licensee s work station, or at the reception area of the salon, as required by part 2105.0380, item BB providing the public a full, unobstructed view of the license. If the license is posted in the reception area, the licensee must post the full name as shown on the license at each work station used by the licensee in the salon. Subp. 5. Additional requirements. In addition to the requirements of subparts 1 to 4, the manager and owner shall ensure that all salon personnel comply with all applicable statutes and rules, and that the salon is in compliance with all applicable statutes and rules. 2105.0200 LICENSE RENEWAL FOR INDIVIDUALS. Subpart 1. Application for renewal of license. All licenses expire on the last day of the individual's birth month of the year due and each licensee is responsible for applying to renewing the licensee s license without notice from the board. An individual who does not renew the licensee s license by the last day of the birth month of the year in which it is due is considered unlicensed as of the first day of the following month. Failure to receive a notice of renewal from the board does not constitute a valid excuse for not renewing the license. If three or more years have passed since the expiration date of the license, the license is not eligible for renewal under this section, and the requirements of section 2105.0210 apply. A. The board must return incomplete renewal applications to the applicant with notice of the item(s) which are incomplete. The applicant must pay late fees required by Minnesota Statutes, section 155A.25 if the resubmitted application is received after the expiration date of the license. B. 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 R04158 MN Rule Chapter 2105 a working draft of possible changes to Cosmetology Rules 10/6/14 Page 14 of 38

license is issued, and any unlicensed practice after the expiration date is subject to inspection fines detailed in part 2105.0120. and penalties as described in Minnesota Statutes, section 155A.33. Subp. 2. Practical and educational License renewal requirements. The licensee shall establish that the licensee s knowledge and skills are up to date, by must complete meeting the following requirements no later than the expiration before applying to renew aof the licensee s current license: A. A cosmetologist, nail technician, esthetician, or salon manager shall provide documentation of must (1) having practiced in a licensed salon for at least 1,800 1,200 hours at any time within the three years prior to the license expiration, or 400 hours acquired through approximately regular weekly experience within each of the last three years, or successfully completed an approved refresher course, of at least 40 hours, within the three years prior to the license expiration or reactivation l; and (2 ) complete four credit hours of continuing education credits from a board-licensed cosmetology school, a Minnesota-licensed postsecondary school or a board-recognized professional association of cosmetology, including one credit hour pertaining to state cosmetology laws and rules, and three credit hours related to health, safety and sanitation infection control matters. The four credit hours must be completed within the three years prior to the license expiration renewal and are valid for only one license renewal period. Licensees must retain proof of the continuing education credits for one year after the license renewal as required in subpart 5. Continuing education credits are required of licensees renewing a license on or after August 1, 2014. An individual holding more than one operator or salon manager license may use the same four continuing education credit hours to renew both licenses if the credit hours were completed within the three years prior to the license renewal. B. An instructor shall must provide evidence of having successfully completed 45 hours of continuing education preapproved by the board, within three years before the license expiration or reactivation renewal, including at least 15 30 hours of coursework in instructional methodology or teaching methods, teaching-related material and 15 hours of coursework with hands-on related to analysis and use of professional clinical products practice in the field of licensure. Licensees must retain proof of the continuing education credits as required in subpart 5. To renew the instructor s license, the instructor must have hold an active operator or salon manager license in the area in which the instructor holds an instructor s license. No later than June 30, 2014, the board must grant an active operator license to instructors who had an expired operator license on August 1, 2013, and grant an active salon manager license to instructors who had an expired salon manager license on August 1, 2013. C. A school manager must complete a preapproved eight hour continuing education class or seminar in business practices, and retain proof of completion as required in subpart 5. The school manager must apply for preapproval of the 8 hour class by using a form provided by the Board, and must apply at least 15 business days in advance of the class.to renew the manager s license, a school manager must maintain hold an active cosmetology salon manager s license. and provide documentation of having practiced in a licensed school as a school manager for at least 1,800 hours at any time within the three years prior to the license expiration, or 400 hours R04158 MN Rule Chapter 2105 a working draft of possible changes to Cosmetology Rules 10/6/14 Page 15 of 38

acquired through approximately regular weekly experience within each of the last three years, or successfully completed an approved refresher course, of at least 40 hours, within the three years prior to the license expiration or reactivation. No later than June 30, 2014, the board must grant an active salon manager license to school managers who did not hold an active salon manager license on August 1, 2013. (1) documentation of work in a licensed school as a school manager for at least 1,800 hours at any time within the three years prior to the license expiration, or 400 hours acquired through approximately regular weekly experience within each of the last three years, or successful completion of an approved 40 hour refresher course within the three years prior to the license renewal. Subp. 3. Fee. The licensee shall must pay the fees as required by Minnesota Statutes, section 155A.25,.before the expiration of the current license. Subp. 4. Audit of license renewal submission. The board is authorized to conduct random audits of license renewals under this subpart. A. Fraudulent reporting of qualifications, competency courses or continuing education credits is subject to discipline as provided in Minnesota Statutes, section 155A.271 and 155A.33. B. A licensee must maintain proof of continuing education credits must be maintained by the licensee 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. A licensee who fails to respond to requests, or who does not provide proof as requested must be assessed the lapsed practitioner penalty in Minnesota Statutes, section 155A.25 Subdivision 1(b)(3). In addition, the renewal based on the unverified credits is rescinded, the licensee is subject to discipline, and the licensee may not practice until a new license is issued. To renew the license, the licensee must provide proof of meeting the renewal requirements. Subd. 4 Inactive license. 2105.0205 RETIRED LICENSE An applicant A licensee with a current license or a license expired less than three years and who has ceased all practice of cosmetology and who wishes to receive may apply foran inactive retired license which does shall meet the requirements of subparts 1 and 3. An inactive license shall not authorize allow any individual to engage in the practice of cosmetology as defined in Minnesota Statutes, section 155A.23, subdivision 3. The current license must be voided. A. Retired licenses expire on the three year license cycle and if lost, may be replaced by purchasing a duplicate license and may be renewed by paying the fees as required by Minnesota Statutes, section 155A.25. B. A person with a retired license who wishes to obtain a current license must apply to renew the original expired license under the terms of this chapter as if no retired license was issued. R04158 MN Rule Chapter 2105 a working draft of possible changes to Cosmetology Rules 10/6/14 Page 16 of 38

2105.0210 PROCEDURE FOR ACTIVATING A LAPSED RENEWING AN EXPIRED OR INACTIVE LICENSE. Subpart 1. Procedure for lapsed Expired licenses. If an individual's license has expired, the individual shall be reissued a license after submission of a request for renewal, proof of experience and education as required in part 2105.0200, subpart 2, and payment of the fees identified in Minnesota Statutes, section 155A.25. If more than three years have elapsed, the applicant shall apply for a new license in accordance with subpart 3 and parts 2105.0140 to 2105.0160. A. If an operator, salon manager, instructor, or school manager s license has expired less than 6 years, the individual must : (1) complete the 4 hours of continuing education requirement as described in 2105.0200. subpart 2; and (2) pay the fees required by Minnesota Statutes, section 155A.25. B. If an operator s or salon manager s license has expired 6 years or more, an operator license shall be reissued after the expired licensee submits : (1). Proof of completion of the 4 hours of continuing education requirement as described in 2105.0200. subpart 2 ;and (2) proof of completion of a competency course no more than a year old; and (3) original passing results of a board approved general theory test no more than one year old: (4) original passing results of a board approved practical test no more than one year old; and (5) payment of the fees required by Minnesota Statutes, section 155A.25. C. If an instructor s license has expired 3 years or more, the applicant must apply for a new license in accordance with part 2105.0140, subpart 4. D. If a school manager s license has expired 3 years or more, the applicant must apply for a new license in accordance with parts 2105.0140, subpart 3. Subp. 2. Procedure for Inactive license. An individual who has an "inactive" Minnesota license and whose most recent active license has expired by less than three years shall be reissued an active license for the remainder of the licensing period, after completion of an application, evidence of compliance with part 2105.0200, subpart 2, and payment of the fees identified in Minnesota Statutes, section 155A.25. If more than three years have elapsed since the expiration of the applicant's most recent active license has expired, an the applicant who wishes to resume the practice of cosmetology shall be reissued a license after submission of an application, payment of the fees identified in Minnesota Statutes, section 155A.25,, and a certification of skills from a board licensed school of cosmetology with proof of completion of a refresher program of a minimum of 155 hours for a cosmetologist, 60 hours for an esthetician, or 35 hours for a nail technician. evidence of completion of the appropriate refresher course in subpart 3. Subp. 3. Refresher courses. Applicants whose most recent active license has expired by more than three years must complete a refresher program of a minimum of 155 hours for a cosmetologist, 60 hours for an esthetician, or 35 hours for a nail technician in a licensed school of cosmetology. The documentation provided upon application shall include a certification of skills. R04158 MN Rule Chapter 2105 a working draft of possible changes to Cosmetology Rules 10/6/14 Page 17 of 38

2105.0220 REINSTATEMENT AFTER REVOCATION OR SUSPENSION. A. A license whose license was suspended or revoked by the board under MN Statute 155A must reapply for licensure as follows: 1. apply for relicensure on forms provided by the board; and meeting the following requirements: 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 B. the applicant shall make application for relicensure, in writing and on forms provided by the board; and C. 3. the applicant shall pay the fees identified required of a new applicant in Minnesota Statutes, section 155A.25; D. the salon applicant shall meet the requirements for initial licensure; E. the individual applicant shall meet the requirements of part 2105.0140 and the requirements of part 2105.0200, subpart 2, or 2105.0210, subpart 3; and F. at least two years have expired from the effective date of the revocation. B. Licensees whose license was suspended or revoked under a Minnesota statute other than 155A for reasons of child support, tax liabilities or other causes 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 clearing the license. The licensee must 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; 2105.0230 TRANSFER OF LICENSE PROHIBITED. Licenses shall are not be transferable to another person and shall must be used only by the named licensee. 2105.0305 DESIGNATED LICENSED SALON MANAGER A. A designated licensed salon manager (DLSM) must be appointed by the salon owner and registered with the board using forms supplied by the board. The DLSM and salon owner are responsible for ensuring that the salon and all practitioners are in compliance with all the provisions of this chapter and Minnesota Statutes, section 155A. B. A DLSM must acknowledge the responsibility of the position in writing to the board as provided for under part 2105.0310, subpart 2, item K. C. A DLSM must not be responsible for more than one salon unless the salons are not open concurrently, and the salons or DLSM submits documentation to the board of the business hours of both salons. R04158 MN Rule Chapter 2105 a working draft of possible changes to Cosmetology Rules 10/6/14 Page 18 of 38