For the purposes of this chapter, the terms defined in this part have the meanings given them, unless their context clearly requires otherwise.
"Active license" means a current license that has not expired and is not retired.
"Advanced exfoliation" means a cosmetic procedure removing epidermal skin cells through manual, mechanical, or chemical means.
"Advanced extraction" means an extraction performed using lancets or needles.
"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.
"Autoclave" means a device registered and listed with the Food and Drug Administration used to sterilize tools, equipment, and supplies by subjecting them to high pressure saturated steam.
"Basic exfoliation" means the removal of dead skin cells in the stratum corneum layer of the epidermis through manual or chemical means.
"Basic extraction" means extractions performed using gloved fingers, cotton swabs, or comedone extractors.
"Board" means the Board of Cosmetologist Examiners.
"Chemical peel" means a chemical exfoliation achieved by applying nonprescription chemical solutions or products.
"Clean" means free from all soil, dirt, and debris, and washed with soap and water, or a cleaning agent, and rinsed.
"Compensation" means a monetary or nonmonetary remuneration for services.
"Disinfect" means the use of an antimicrobial pesticide that eliminates harmful bacteria, fungi, and viruses on nonporous surfaces.
"Disinfectant" means an antimicrobial pesticide that is registered with the Environmental Protection Agency for use in a hospital setting and is a bactericide, virucide, and fungicide.
[Repealed, 41 SR 305]
[Renumbered subp 4a]
[Repealed, 44 SR 941]
[Repealed, 41 SR 305]
"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.
[Repealed, 41 SR 305]
"Extraction" means the cosmetic technique of removing impactions and comedones from follicles.
"Good repair" means that an item is clean, with no holes, frayed wires, or tears in coverings, and fully operational for the purpose intended.
[Repealed, 44 SR 941]
[Repealed, 44 SR 941]
[Renumbered subp 10a]
[Repealed, 44 SR 941]
"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.
"Homebound" means an individual lacks the physical or intellectual capacity for independent transportation and is unable to travel independently to a licensed salon.
"Licensed services" means those services defined as the practice of cosmetology under Minnesota Statutes, section 155A.23, subdivision 3.
"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.
"Microdermabrasion" means a cosmetic procedure using mechanical or manual means of light abrasion on the epidermal layer of the skin.
"Mobile structure" means a trailer or other enclosed space towed by a vehicle. A mobile structure does not include a manufactured home as defined in Minnesota Statutes, section 327.31, subdivision 6.
"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.
"Operator" means a standard license for a practitioner and not a manager license.
"Physical location" means the contiguous space representing each salon that can be accessed by customers without exiting the salon.
"Porous material" means a material that absorbs liquid or allows liquid to penetrate.
"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.
"Simple braiding devices" include clips, combs, curlers, curling irons, hairpins, rollers, scissors, needles, and thread.
"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.
"Sterilization" means the destruction of all microbial life and spores through the use of heat, steam, or chemical sterilants.
[Repealed, 41 SR 305]
"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.
L 1983 c 289 s 114 subd 1; L 1984 c 655 art 1 s 92; 10 SR 474; 11 SR 389; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; 30 SR 1248; L 2009 c 78 art 6 s 26; 39 SR 393; 41 SR 305; 41 SR 1087; 42 SR 589; 43 SR 347; 44 SR 941
[Repealed, 41 SR 305]
September 13, 2016
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:
shampooing, conditioning, cutting, clipping, coloring, dressing, processing, shaping, straightening, bleaching, tinting, styling, blow-drying, or waving a person's hair, eyebrows, or eyelashes;
styling, cutting, and coloring wigs when on a person's head;
cleansing, massaging, and stimulating the scalp;
using a razor to remove hair from the head, face, and neck; and
other services for the cosmetic care of the hair, head, and scalp.
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:
cleansing, stimulating, or massaging a person's scalp, face, neck, arms, legs, or trunk with or without the use of any cosmetic preparation, antiseptic, tonic, lotion, or cream;
cosmetic care of a person's face, eyelashes, eyebrows, lips, nose, neck, arms, legs, or trunk using a cosmetic preparation, antiseptic, tonic, lotion, powder, oil, gels, paraffin, clay, cream, or makeup;
basic exfoliation as defined in part 2105.0010, manual or machine skin cleansing, and basic extractions;
removing hair from a person's body using depilatories, waxes, preparations, sugaring, or tweezing;
application of makeup or airbrush makeup, eyelash and eyebrow tinting, eyebrow shaping and trimming, eyelash and eyebrow enhancements, facials, and body wraps; and
other cosmetic services on the stratum corneum layer of the epidermis.
The practice of nail technology is the cosmetic care of the hands, feet, and nails. Nail technician services do not include waxing, eyelash or eyebrow enhancements, or any other esthetician service. Nail technicians must not use any tool or equipment to penetrate the skin.
Nail technology includes:
cleansing, removing polish, cutting, trimming, polishing, tinting, coloring, or manicuring the fingernails or toenails;
attaching and removing acrylic, other artificial nails, or nail enhancements;
cleansing, massaging, and cosmetic care of the skin of the hands and feet including paraffin treatments;
callus removal by the use of callus removal products, sanding, buffing, or filing;
massaging the hands, feet, and lower arms and legs in conjunction with any practice described in items A to F; and
other services for the cosmetic care of the hands, feet, and nails.
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.
The practice of advanced practice (AP) esthetics is the cosmetic treatment of the epidermal layer of the skin. AP esthetics includes esthetic services in subpart 2 and:
advanced exfoliation as defined in part 2105.0010 including dermaplaning, microdermabrasion, chemical or enzyme exfoliation, and other exfoliation methods that exceed the stratum corneum;
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;
skin needling; and
other cosmetic personal services on the epidermal layer of the skin.
MS s 14.389; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81; L 2017 1Sp4 art 2 s 64
41 SR 305; 42 SR 589; 43 SR 347; 44 SR 941
The following provisions govern all advertising relating to the practice of cosmetology:
It is a violation of this chapter to advertise or offer any board-regulated services from an unlicensed salon or an unlicensed practitioner.
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.
An individual practitioner advertising the practitioner's licensed services must list either the full name as shown on the individual's license or the name of the salon as shown on the salon license.
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.
L 1983 c 289 s 114 subd 1; L 1984 c 655 art 1 s 92; 10 SR 474; 13 SR 1056; 22 SR 594; L 2005 c 27 s 9; L 2009 c 78 art 6 s 26; 41 SR 305; 43 SR 347; 44 SR 941
Each salon and each permit holder under part 2105.0410 is subject to inspection at any time the board deems it necessary to affirm compliance.
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.
A salon owner and designated licensed salon manager (DLSM) must cooperate if asked by board inspectors to arrange inspection appointments.
A salon owner and DLSM must have access to all salon space, including leased space within the salon, and must provide access to all salon spaces to a board inspector.
All salon staff, including the owner, DLSM, other licensees, and unlicensed support staff, must cooperate with the inspection.
Board inspectors must carry board-issued photo identification and produce it upon request.
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:
explain how each violation was corrected and the date of correction; and
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.
Violations of this chapter, chapter 2110, and Minnesota Statutes, chapter 155A, cited on a board inspection, are subject to:
application of penalties prescribed in Minnesota Statutes, section 155A.25; and
disciplinary action as identified in Minnesota Statutes, section 155A.33.
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.
A salon is subject to penalty for violations cited during a salon inspection for:
each expired practitioner's license;
each expired salon license;
each active license of a practitioner or salon not conspicuously displayed;
reuse of or failure to dispose of single-use items immediately after use;
the presence of prohibited callus shavers, graters, or rasps; and
refusal or failure to cooperate with an inspection.
A DLSM is subject to penalty for violations cited during inspection for:
each expired practitioner's license, including the DLSM;
each expired salon license;
each active license of a practitioner or salon not conspicuously displayed;
reuse of or failure to dispose of single-use items immediately after use;
the presence of prohibited callus shavers, graters, or rasps; and
the DLSM's refusal or failure to cooperate with an inspection.
An individual practitioner is subject to penalty for violations cited during a salon inspection for:
the practitioner's expired license;
the practitioner's active license not conspicuously displayed, if an active license is held;
reuse of or failure to dispose of single-use items immediately after use;
the presence of prohibited callus shavers, graters, or rasps; and
the practitioner's refusal or failure to cooperate with an inspection.
A permit holder under part 2105.0410 is subject to violations cited during a permit inspection for:
the practitioner's expired license;
the practitioner's refusal or failure to cooperate with an inspection; and
reuse of or failure to dispose of single-use items immediately after use.
The maximum total penalties for all violations cited per license per inspection must not exceed:
$3,000 for each salon license;
$2,000 for the DLSM per salon license; and
$1,000 for each individual practitioner per license or permit.
41 SR 305; 43 SR 347; 44 SR 941
January 30, 2024
[Repealed, 41 SR 305]
September 13, 2016
[Repealed, 41 SR 305]
September 13, 2016
[Repealed, 41 SR 305]
September 13, 2016
Applicants for a cosmetologist, nail technician, esthetician, or eyelash technician license who have not been licensed in other states must be at least 17 years old and must provide the items required in items A to D:
a completed application form;
original passing test results no more than one year old of the following board-approved tests for the license sought:
general theory test;
written practical test; and
test on Minnesota laws and rules;
proof of completion of training as follows:
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 14 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;
a graduate of a training program licensed by another state that is:
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 14 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 14 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;
an applicant who partially completed a training program licensed by another state, or who completed an unlicensed training program in another state, must obtain a course completion certificate by applying to a Minnesota-licensed cosmetology school as a transfer student under part 2110.0705 and must meet and complete the school's requirements. The applicant must then submit the original course completion certificate with the notarized signatures of the school manager or owner, documenting successful completion of the required curriculum and number of hours of training: 1,550 hours for a cosmetologist; 600 hours for an esthetician; 350 hours for a nail technician; and 14 hours for an eyelash technician. If the completed training is more than five years old, a skills course certificate from a Minnesota-licensed cosmetology school no more than one year old must also be submitted; or
applicants whose training occurred in other countries must apply under part 2105.0183, subpart 3; and