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HF 3559

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/17/2022 02:18pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to cosmetology; modifying practitioner licensing requirements; modifying
salon licensure requirements and continuing education requirements; amending
Minnesota Statutes 2020, sections 155A.23, subdivisions 5a, 8, 9, 11, 18, 20, by
adding subdivisions; 155A.25, subdivisions 1a, 3; 155A.27, subdivisions 1, 2, 6,
9; 155A.271; 155A.275, subdivision 2; 155A.29, subdivision 1; 155A.31;
Minnesota Statutes 2021 Supplement, section 155A.23, subdivision 16; repealing
Minnesota Rules, parts 2105.0360, subpart 6, item D; 2105.0390, item D;
2105.0410, subparts 2, items C, D, 3, item F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 155A.23, subdivision 5a, is amended to read:


Subd. 5a.

Individual license.

"Individual license" means a license described in section
155A.25, deleted text begin subdivisiondeleted text end new text begin subdivisionsnew text end 1a, paragraph (b), deleted text begin clausedeleted text end new text begin clausesnew text end (1)new text begin to (3); and 3new text end .

Sec. 2.

Minnesota Statutes 2020, section 155A.23, subdivision 8, is amended to read:


Subd. 8.

Manager.

A "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 new text begin or manager endorsement new text end and provides any services under
that license, as defined in subdivision 3.

Sec. 3.

Minnesota Statutes 2020, section 155A.23, subdivision 9, is amended to read:


Subd. 9.

Salon.

A "salon" is an area, room, or rooms deleted text begin employed to offerdeleted text end new text begin that functions
primarily by offering and providing any licensed
new text end personal servicesnew text begin for compensationnew text end , as
defined in subdivision 3new text begin by practitioners as defined in section 155A.27, subdivision 1new text end .
deleted text begin "Salon"deleted text end new text begin Salonnew text end does not include the home of a customernew text begin ,new text end but the board may adopt health and
infection control rules governing practice in the homes of customers.

Sec. 4.

Minnesota Statutes 2020, section 155A.23, is amended by adding a subdivision to
read:


new text begin Subd. 9a. new text end

new text begin Salon franchisor. new text end

new text begin A "salon franchisor" is a company that grants rights to a
third party to conduct business as a salon under the franchisor's marks. A salon franchisor
owns the overall rights and trademarks of the company and allows its franchisees to use
these rights and trademarks to do business.
new text end

Sec. 5.

Minnesota Statutes 2020, section 155A.23, subdivision 11, is amended to read:


Subd. 11.

Instructor.

An "instructor" is any person employed by a school to prepare
and present the theoretical and practical education of cosmetology to persons who seek to
practice cosmetology. An instructor must maintain an active operator or manager's license
new text begin endorsement new text end in the area in which the instructor holds an instructor's licensenew text begin endorsementnew text end .

Sec. 6.

Minnesota Statutes 2021 Supplement, section 155A.23, subdivision 16, is amended
to read:


Subd. 16.

School manager.

A "school manager" is a salon manager who has a school
manager licensenew text begin or endorsementnew text end . A school manager must maintain an active salon manager's
licensenew text begin or endorsementnew text end .

Sec. 7.

Minnesota Statutes 2020, section 155A.23, subdivision 18, is amended to read:


Subd. 18.

Practitioner.

A "practitioner" is any person new text begin who is new text end licensed new text begin or has an
endorsement on the person's license
new text end in the practice of cosmetology, esthiology,new text begin advance
practice esthiology,
new text end nail technology services, or eyelash technology services.

Sec. 8.

Minnesota Statutes 2020, section 155A.23, subdivision 20, is amended to read:


Subd. 20.

Makeup services.

"Makeup services" is the application of a cosmetic to
enhance the face or skin, including powder, foundation, rouge, eyeshadow, eyeliner, mascara,
and lipstick. Makeup services includes the application of makeup applied using an airbrush.
Makeup services does not include the application of permanent makeup, new text begin eyelash extensions,
new text end tattooing, or facial services.

Sec. 9.

Minnesota Statutes 2020, section 155A.23, is amended by adding a subdivision to
read:


new text begin Subd. 21. new text end

new text begin Professional association. new text end

new text begin A "professional association" is a member-based
nonprofit corporation organized under chapter 317A that: (1) is managed by an annually
elected board of directors composed of its membership; and (2) brings together individuals
with a common interest in cosmetology.
new text end

Sec. 10.

Minnesota Statutes 2020, section 155A.25, subdivision 1a, is amended to read:


Subd. 1a.

Schedule.

(a) The schedule for fees and penalties is as provided in this
subdivision.

(b) Three-year license fees are as follows:

(1) $195 initial practitionerdeleted text begin ,deleted text end new text begin license as a cosmetologist; initial practitioner license as an
individual esthetician, advanced practice esthetician, nail technician, or eyelash technician;
initial license as a salon or school
new text end managerdeleted text begin ,deleted text end new text begin ;new text end or new text begin initial new text end instructor license, divided as follows:

(i) $155 for each initial license; and

(ii) $40 for each initial license application fee;

(2) $115 new text begin for new text end renewal ofnew text begin the initialnew text end practitionernew text begin or managernew text end license, new text begin regardless of possessing
any other additional individual licenses,
new text end divided as follows:

(i) $100 for deleted text begin each renewaldeleted text end new text begin a renewednew text end licensenew text begin with a single endorsementnew text end ; deleted text begin and
deleted text end

(ii) $15 for deleted text begin eachdeleted text end new text begin anew text end renewal application fee;new text begin and
new text end

new text begin (iii) subject to imposing any applicable endorsement fee in clause (3) for each additional
active license held;
new text end

deleted text begin (3) $145 renewal of manager or instructor license, divided as follows:
deleted text end

deleted text begin (i) $130 for each renewal license; and
deleted text end

deleted text begin (ii) $15 for each renewal application fee;
deleted text end

new text begin (3) $25 endorsement fee added to the renewed license for each additional active individual
license type held and printed as an endorsement on the renewed license. An endorsement
shall replace all additional active individual licenses held by the licensee and the expiration
dates of those additional active individual licenses. A manager endorsement must include
a practitioner endorsement. An endorsement is available in the following categories:
new text end

new text begin (i) cosmetologist;
new text end

new text begin (ii) esthetician;
new text end

new text begin (iii) advanced practice esthetician;
new text end

new text begin (iv) nail technician;
new text end

new text begin (v) eyelash technician;
new text end

new text begin (vi) salon manager;
new text end

new text begin (vii) school manager; and
new text end

new text begin (viii) instructor;
new text end

(4) $350 initial salon license, divided as follows:

(i) $250 for each initial licensedeleted text begin ; anddeleted text end new text begin that includes declared salon service offerings with
the following endorsement categories printed on the license as applicable:
new text end

new text begin (A) cosmetology;
new text end

new text begin (B) esthetics;
new text end

new text begin (C) advanced practice esthetics;
new text end

new text begin (D) nail services;
new text end

new text begin (E) eyelash services;
new text end

new text begin (F) exempted services; and
new text end

(ii) $100 for each initial license application fee;

(5) $225 renewal of salon license, divided as follows:

(i) $175 for each renewal; deleted text begin and
deleted text end

(ii) $50 for each renewal application fee;new text begin and
new text end

new text begin (iii) no additional fee for declared service offerings listed in clause (4) and printed on
the license as endorsement categories;
new text end

(6) $4,000 initial school license, divided as follows:

(i) $3,000 for each initial license; and

(ii) $1,000 for each initial license application fee; and

(7) $2,500 renewal of school license, divided as follows:

(i) $2,000 for deleted text begin each renewaldeleted text end new text begin a renewed licensenew text end ; and

(ii) $500 for each renewal application fee.

(c) Penalties may be assessed in amounts up to the following:

(1) reinspection fee, $150;

(2) manager and owner with expired practitioner found on inspection, $150 each;

(3) expired practitioner or instructor found on inspection, $200;

(4) expired salon found on inspection, $500;

(5) expired school found on inspection, $1,000;

(6) failure to display current license, $100;

(7) failure to dispose of single-use equipment, implements, or materials as provided
under section 155A.355, subdivision 1, $500;

(8) use of prohibited razor-type callus shavers, rasps, or graters under section 155A.355,
subdivision 2
, $500;

(9) deleted text begin performing nail or cosmetology services in esthetician salon, or performing esthetician
or cosmetology services in a nail salon
deleted text end new text begin offering and providing any regulated service for
compensation without a practitioner license endorsement
new text end , $500;

(10) deleted text begin owner and manager allowing an operator to work as an independent contractordeleted text end deleted text begin ,
$200
deleted text end new text begin offering and providing any exempted service for compensation under section 155A.27,
subdivision 9, paragraph (c), without board registration,
new text end new text begin $500new text end ;

(11) deleted text begin operator working as an independent contractordeleted text end deleted text begin , $100deleted text end new text begin offering and providing any
regulated service for compensation without a salon license endorsement,
new text end new text begin $500new text end ;

(12) refusal or failure to cooperate with an inspection, $500;

(13) practitioner late renewal fee, $45; and

(14) salon or school late renewal fee, $50.

(d) Administrative fees are as follows:

(1) homebound service permit, $50 three-year fee;

(2) name change, $20;

(3) certification of licensure, $30 each;

(4) duplicate license, $20;

(5) special event permit, deleted text begin $75 per yeardeleted text end new text begin $50 three-year feenew text end ;

(6) deleted text begin $100deleted text end new text begin $50new text end for each temporary military license for a cosmetologist, nail technician,
esthetician, or advanced practice esthetician one-year fee;

(7) expedited initial individual license, $150;

(8) expedited initial salon license, $300;

(9) instructor continuing education provider approval, $150 each year; deleted text begin and
deleted text end

(10) practitioner continuing education provider approval, $150 each yeardeleted text begin .deleted text end new text begin ;
new text end

new text begin (11) exempt-services individual registration, $75 three-year fee; and
new text end

new text begin (12) amending a current salon license endorsement, $20.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 11.

Minnesota Statutes 2020, section 155A.25, subdivision 3, is amended to read:


Subd. 3.

deleted text begin Otherdeleted text end new text begin Additionalnew text end licensesnew text begin and endorsementsnew text end .

deleted text begin Adeleted text end new text begin An individualnew text end licensee who
applies for licensing in a second new text begin or subsequent new text end category shall pay the full new text begin initial new text end license fee
and new text begin initial new text end application fee for the second new text begin or subsequent new text end category of new text begin an initial new text end license.new text begin Upon
the licensee's successful application for a second or subsequent license, the board shall issue
a new single license to the licensee with the updated endorsement printed on the license
that reflects the new license category and all other individual active licenses that the licensee
holds at that time or reissue an existing single license with endorsements printed on the
license that includes the new endorsement. The new single license shall supersede and
replace all other individual licenses that the licensee holds and shall supersede and replace
existing active single license with endorsements that the licensee holds. The expiration date
is the earliest renewal date of any preexisting active individual license held by the licensee.
Otherwise, the expiration date is the renewal date of a preexisting active single license with
an endorsement held by the licensee.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 12.

Minnesota Statutes 2020, section 155A.27, subdivision 1, is amended to read:


Subdivision 1.

Licensing.

A person must hold an individual license new text begin or a license with
specific endorsements
new text end to practice in the state as a cosmetologist, esthetician, nail technician,
eyelash technician, advanced practice esthetician, new text begin salon new text end manager,new text begin school manager,new text end or
instructor.

Sec. 13.

Minnesota Statutes 2020, section 155A.27, subdivision 2, is amended to read:


Subd. 2.

Qualifications.

Qualifications for licensing new text begin and receiving an endorsement new text end in
each classification 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 consumer
of cosmetology services, including but not limited to infection control, use of implements,
apparatuses and other appliances, and the use of chemicals.

Sec. 14.

Minnesota Statutes 2020, section 155A.27, subdivision 6, is amended to read:


Subd. 6.

Duration of license.

Licensing in each classification shall be for a period of
three yearsnew text begin , unless subject to revision under section 155A.25, subdivisions 1a, paragraph
(b); and 3
new text end .

Sec. 15.

Minnesota Statutes 2020, section 155A.27, subdivision 9, is amended to read:


Subd. 9.

Exemptions.

(a) Persons licensed to provide cosmetology services in other
states visiting this state for cosmetology demonstrations shall be exempted from the licensing
provisions of sections 155A.21 to 155A.36 if services to consumers are in the physical
presence of a licensed cosmetologist.

(b) A person who performs threading shall be exempt from the licensing provisions of
sections 155A.21 to 155A.36.

(c) A person who performs only hairstyling and makeup services shall be exempt from
the licensing provisions of sections 155A.21 to 155A.36 if the person has completed a
four-hour course in health, safety, and infection-control matters and state law online or in
person under section 155A.271, subdivision 1, paragraph (a), from a board-approved
continuing education provider, and carries deleted text begin proof of completion of the coursedeleted text end new text begin a valid
exempt-services registration
new text end when providing these services.new text begin The person must obtain an
exempt-services registration from the board and provide a certificate of continued
professional liability insurance coverage of at least $25,000 for each claim and $50,000
total coverage for the term of the registration. The person must carry a first aid kit that meets
the requirements of Minnesota Rules, part 2105.0370, item A.
new text end

new text begin (d) On the board's website, the board shall post a current list with the name of each
person who possesses an exempt-services registration and the expiration date of the person's
exempt-services registration.
new text end

Sec. 16.

Minnesota Statutes 2020, section 155A.271, is amended to read:


155A.271 CONTINUING EDUCATION REQUIREMENTS.

Subdivision 1.

Continuing education requirements.

(a) To qualify for license renewal
under this chapter as an individual cosmetologist, nail technician, esthetician, advanced
practice esthetician, eyelash technician, or salon manager, the 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. One credit hour of the requirement
must include instruction pertaining to state laws and rules governing the practice of
cosmetology. Three credit hours must include instruction pertaining to health, safety, and
infection control matters consistent with the United States Department of Labor's
Occupational Safety and Health Administration standards applicable to the practice of
cosmetology, or other applicable federal health, infection control, and safety standards, and
must be regularly updated so as to incorporate newly developed standards and accepted
professional best practices. Credit hours earned are valid for three years and may be applied
simultaneously to all individual licenses held by a licensee under this chapter.new text begin This
requirement applies to initial and renewed exempt-services registrants under section 155A.27,
subdivision 9, paragraph (c).
new text end

(b) deleted text begin Effective August 1, 2017,deleted text end In addition to the hours of continuing education credits
required under paragraph (a), to qualify for license renewal under this chapter as an individual
cosmetologist, nail technician, esthetician, advanced practice esthetician, or salon manager,
the applicant must also complete a four credit hour continuing education course from a
board-approved continuing education provider based on any of the following within the
licensee's scope of practice:

(1) product chemistry and chemical interaction;

(2) proper use and maintenance of machines and instruments;

(3) business management, professional ethics, and human relations; or

(4) techniques relevant to the type of license held.

Credits are valid for three years and must be completed with a board-approved provider of
continuing education during the three years prior to the applicant's renewal date and may
be applied simultaneously to other individual licensesnew text begin or license endorsementsnew text end held as
applicable, except that credits completed under this paragraph must not duplicate credits
completed under paragraph (a).

(c) Paragraphs (a) and (b) do not apply to an instructor license, a school manager license,
or an inactive license.

new text begin (d) Paragraph (a) applies to any person who is subject to section 155A.27, subdivision
9, paragraph (c), upon the person's initial registration and subsequent renewal with the board.
new text end

new text begin (e) To fulfill continuing education requirements under Minnesota Rules, parts 2105.0186,
subpart 3, and 2105.0200, subpart 2a, a cosmetology instructor must complete 20 hours in
teaching methodology and 20 hours in clinical practice in the instructor's licensed field prior
to license renewal.
new text end

deleted text begin Subd. 1a. deleted text end

deleted text begin Product sales or marketing prohibited. deleted text end

deleted text begin The marketing or sale of any product
is prohibited during a continuing education class receiving credit under subdivision 1.
deleted text end

Subd. 2.

Continuing education providers.

(a) Only a board-licensed school of
cosmetology, a postsecondary institution as defined in section 136A.103, paragraph (a), or
a board-recognized professional association deleted text begin organized under chapter 317Adeleted text end new text begin that is domiciled
in the state of Minnesota and provides proof of Internal Revenue Service tax form 990
compliance that is not more than one year old
new text end may be approved by the board to offer
continuing education new text begin instruction new text end for credit under subdivision 1, paragraph (a). Continuing
education under subdivision 1, deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (b)new text begin and (e)new text end , may be offered new text begin upon
approval
new text end by a:

(1) board-licensed school of cosmetology;

(2) board-recognized professional association deleted text begin organized under chapter 317A; ordeleted text end new text begin that is
eligible as a provider under paragraph (a);
new text end

(3) board-licensed salondeleted text begin .deleted text end new text begin ; or
new text end

new text begin (4) board-recognized salon franchisor that is domiciled in the state of Minnesota for the
salon franchisor's employees and franchisee employees.
new text end

deleted text begin An approveddeleted text end new text begin Only a board-recognizednew text end school deleted text begin ordeleted text end new text begin , board-recognizednew text end professional
associationnew text begin , or board-recognized salon franchisor that the board has approved as a providernew text end
may offer web-based continuing education instruction to achieve maximum involvement
of licensees. new text begin The board shall have unrestricted access to viewing any web-based class.
new text end Continuing education providers are encouraged to offer classes available in foreign language
formats.

(b) Board approval of any continuing education provider is valid for one calendar year
and is contingent upon submission and preapproval of the lesson plan or plans deleted text begin withdeleted text end new text begin that
outline
new text end learning objectives for the class to be offered and the payment of the application fee
in section 155A.25, subdivision 1a, paragraph (d), clause (10). The board shall maintain a
new text begin current new text end list of approved providers and courses on the board's website. The board may revoke
new text begin the new text end authorization of a continuing education provider at any time for just cause deleted text begin anddeleted text end new text begin for failing
to comply with this section.
new text end The board deleted text begin maydeleted text end new text begin mustnew text end demand deleted text begin returndeleted text end new text begin the immediate surrendernew text end
of documents required new text begin from the provider new text end under subdivision 3new text begin if the board revokes the
provider's authorization
new text end .

new text begin (c) A provider who no longer offers continuing education instruction must comply with
subdivision 3.
new text end

new text begin (d) The promotion or sale of any cosmetology-related product is prohibited during a
continuing education class offering credit under subdivisions 1 and 2, although specific
products may be used only for demonstration purposes.
new text end

new text begin (e) A provider shall not be a distributor or manufacturer of cosmetology products as the
provider's primary business.
new text end

Subd. 3.

Proof of credits.

new text begin (a) new text end The continuing education provider shall provide deleted text begin todeleted text end licensees
new text begin with new text end documentation establishing completion of the class. Licensees shall retain proof of
their continuing education credits for one year beyond the credit's expiration. The continuing
education provider shall retain documentation of all licensees completing a class and the
licensee's credit hours awarded by them for five years.

new text begin (b) If a provider no longer offers continuing education instruction, the provider or a
custodian of records must retain records as required by this subdivision at the provider's
cost. The custodian of records must be an existing continuing education provider and
registered with the board on the provider's behalf for audit purposes.
new text end

Subd. 4.

Audit.

The board deleted text begin shalldeleted text end new text begin mustnew text end conduct random audits of active licensees and
continuing education providers to ensure compliance with the requirements of this section.
To initiate an auditnew text begin of an active licenseenew text end , the board deleted text begin shalldeleted text end new text begin mustnew text end notify deleted text begin an active licenseedeleted text end new text begin the
individual
new text end of the audit and request proof of credits earned during a specified period. The
licensee must provide the requested proof to the board within 30 days of an audit notice.
The board deleted text begin maydeleted text end new text begin mustnew text end request that deleted text begin adeleted text end new text begin thenew text end continuing education providernew text begin , or the provider's
custodian of records,
new text end verify a licensee's credits. The providernew text begin , or the provider's custodian
of records,
new text end must furnish verification, or a written statement that the credits are not verified,
within 15 days of the board's request for verification. If the board determines that a licensee
has failed to provide proof of necessary credits earned during the specified time, the board
may revoke the individual's license and may deem the individual an expired practitioner
subject to penalty under section 155A.25 or 155A.36. The board staff deleted text begin shalldeleted text end new text begin mustnew text end have
unrestricted free access to any provider's class offerings to verify adherence to the provider's
approved lesson plan and overall compliance with this chapter.

Sec. 17.

Minnesota Statutes 2020, section 155A.275, subdivision 2, is amended to read:


Subd. 2.

Special event services permit.

(a) No person shall perform special event
services without first obtaining new text begin and carrying new text end a new text begin valid new text end special event services permit from the
board. To be eligible for a special event services permit, a person must have a valid deleted text begin manager'sdeleted text end new text begin
practitioner's
new text end license issued by the board under the authority of section 155A.27.

(b) deleted text begin An individualdeleted text end new text begin A practitionernew text end applying for a special event services permit must submit
to the board, on a form approved by the board, an application for a special event services
permit.new text begin A practitioner must provide a certificate of continued professional liability insurance
coverage of at least $25,000 for each claim and $50,000 total coverage for the term of the
special event services permit.
new text end

(c) deleted text begin An individualdeleted text end new text begin A practitionernew text end providing services under a special event services permit
may only perform services within the deleted text begin individual'sdeleted text end new text begin practitioner'snew text end specific field of licensure
and as defined by the permit. new text begin A practitioner providing services under a special event services
permit must carry a first aid kit that meets the requirements of Minnesota Rules, part
2105.0370, item A.
new text end The services deleted text begin provideddeleted text end new text begin that a practitioner providesnew text end pursuant to deleted text begin thedeleted text end new text begin anew text end
special event services permit must comply with the requirements of this chapter and all
federal, state, and local laws.

new text begin (d) On the board's website, the board shall update the name of each practitioner who
possesses a special event services permit and the expiration date of the practitioner's special
event services permit.
new text end

Sec. 18.

Minnesota Statutes 2020, section 155A.29, subdivision 1, is amended to read:


Subdivision 1.

Licensing.

A person must not offer new text begin or provide regulated new text end cosmetology
services for compensation unless the services are provided by a licensee in a licensed salon
or as otherwise provided in this section. Each salon must be licensed new text begin with proper service
endorsements
new text end as deleted text begin a cosmetology salon, a nail salon, esthetician salon, advanced practice
esthetician salon, or eyelash extension salon. A salon may hold more than one type of salon
license
deleted text end new text begin applicablenew text end .

Sec. 19.

Minnesota Statutes 2020, section 155A.31, is amended to read:


155A.31 INSPECTIONS.

The board is responsible for inspecting new text begin licensed new text end salons deleted text begin anddeleted text end new text begin ,new text end schools deleted text begin licensed pursuantdeleted text end new text begin ,
or any unlicensed facilities that are otherwise subject
new text end to sections 155A.21 to 155A.36 to
assure compliance with the requirements of sections 155A.21 to 155A.36. The board shall
direct board resources first to the inspection of those licensees who fail to meet the
requirements of law, have indicated that they present a greater risk to the public, or have
otherwise, in the opinion of the board, demonstrated that they require a greater degree of
regulatory attention.

Sec. 20. new text begin REPEALER.
new text end

new text begin Minnesota Rules, parts 2105.0360, subpart 6, item D; 2105.0390, item D; and 2105.0410,
subparts 2, items C and D, and 3, item F,
new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Rule: 22-05596

2105.0360 SALON PHYSICAL REQUIREMENTS.

Subp. 6.

Designated sinks and disinfecting areas.

D.

At least one designated sink in the salon must be immediately adjacent to a disinfecting area with a workspace sufficient to hold the wet disinfectant containers used to disinfect the tools and implements used in the salon.

2105.0390 SALON SUPERVISION.

D.

Any salon that leases space to one or more licensed practitioners must provide lessees with a method to track hours worked. Acceptable methods are paper, mechanical, or electronic. All methods must record time on a contemporaneous basis. The salon must retain the work time records for a period of four years for each lessee. Work time records must be provided upon written request to the licensee or to the board. The salon has no obligation to ensure the use of the method to track work hours by a lessee.

2105.0410 LICENSED SERVICES NOT OFFERED IN A LICENSED SALON.

Subp. 2.

Special events permits.

C.

Permits have the restrictions in subitems (1) to (6).

(1)

Permits expire on December 31 of the year in which the permit is issued, but are valid only with an active manager's license held by the permit holder.

(2)

One permit covers all events registered by the permit holder with the board for the calendar year.

(3)

Each event must be registered online with the board at least 48 hours prior to the start of the event.

(4)

The permit holder must print the special events permit from the online license record and have the printed permit in the permit holder's possession during each event.

(5)

The permit holder must comply with all infection control requirements and safety requirements in parts 2105.0375 and 2105.0377, and must carry a first aid kit that meets the requirements of part 2105.0370, item A.

(6)

At each special event, the permit holder must provide a sufficient number of brushes, combs, makeup brushes, and other implements equal to the number of persons receiving cosmetology services at the event, so that only disinfected tools and implements are used on each client.

D.

The hours spent working under a special event permit do not count toward the work hours in a licensed salon required to obtain other licenses under this chapter.

Subp. 3.

Homebound permit.

F.

The hours spent working under a homebound service permit do not count toward the work hours in a licensed salon required to obtain other licenses under this chapter.