Jbl 2105

[Harcourt Ordonez]

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, or online.

"Electrical energy treatments" means 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. Electrical energy treatments use light, direct current, indirect current, or sound energy, but do not include laser as identified in Minnesota Statutes, section 147.081, subdivision 3, as the practice of medicine.

"Hazardous" means a hazardous substance or harmful physical agent as defined under part 5206.1500, subpart 6, or any substance defined as hazardous in Code of Federal Regulations, title 29, part 1910.1200.

"Lymphatic drainage" means 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.

"Nursing home" means 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 Statutes, chapter 144A.

"Sharps" means 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" means 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" means an event held for any purpose other than the provision of 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.

"Suite-style salon" means 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" means those services 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 makeup; 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 147.081, subdivision 3; hair braiding; and threading as defined in Minnesota Statutes, section 155A.23, subdivision 13.

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

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:

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:

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.

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.

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;

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.

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)."

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.

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.

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.

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 email, within ten business days of the order's issuance, using a form provided by the board. The report must:

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.

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.

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.

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:

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;

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

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;

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