1.7 Prohibited Items & Substances, Intoxicants, Supervision and General Practice Requirements
Key Takeaways
Minn. Stat. 155A.355 and Minn. R. 2105.0377 prohibit methyl methacrylate (MMA) liquid monomer, formalin and other fumigants, and skin-cutting tools such as credo blades.
Roll-on wax is prohibited except single-use cartridges that are discarded after the service, and UV sterilizers or light boxes may not even be present in a salon.
Only single-use sterile lancets may be used, and they go in a sharps container; lancets are an advanced practice tool, not part of basic esthetic extraction.
Licensees must not perform services while consuming or under the influence of an intoxicant or controlled substance (Minn. R. 2105.0510).
Before using a new product, device or technique, a licensee must confirm it is within scope, follow the manufacturer's directions and contraindications, keep a training record, and attest to competence (Minn. R. 2105.0190, subp. 1a).
1. Statutory Prohibitions (Minn. Stat. 155A.355)
Single-use items (subd. 1). Single-use equipment, implements or materials made of paper, wood or other porous material may be used for one application or client service only. Finding used articles in the work area is prima facie evidence of reuse, meaning it counts as proof unless disproved. Penalty: up to $500 (155A.25, subd. 1a(c)).
Skin-cutting equipment (subd. 2). Razor-type callus shavers, rasps or graters designed to cut growths of skin, including credo blades, are prohibited. Their presence in the work area is prima facie evidence of use. Penalty: up to $500.
Substances (subd. 3). Licensees must not use methyl methacrylate liquid monomer (MMA) or fumigants, including formalin tablets or liquids.
2. Salon Prohibitions (Minn. R. 2105.0377)
| Item | Prohibition | Why an esthetician cares |
|---|---|---|
| A | MMA liquid monomers, formalin tablets, formalin liquids and other fumigants | Old "sterilizer" cabinets with formalin tablets are illegal |
| B | Skin-cutting equipment (callus shavers, credo blades, rasps, graters) must not be present | Presence alone is a violation |
| C | Roll-on wax is prohibited. Single-use roll-on cartridges are allowed if discarded immediately after the service; cartridges warming in a heater must have an intact seal; the heater is cleaned and disinfected after each use | Reusable roller heads glide across many clients' skin and cannot be submerged |
| D | UV sterilizers or light boxes are not an acceptable infection-control device and must not be present (UV dryers for nail products excepted) | UV light does not disinfect shadowed surfaces, and the salon may not even store tools in one |
| E | Autoclave packaging of tools is prohibited unless an autoclave is used in compliance with the spore-testing rules | Sealed pouches imply sterility, so they are allowed only with a real, tested autoclave |
| F | Electric or battery-operated files or drills not made for use on humans | Applies to any rotary device |
| G | Customer-supplied tools must be cleaned and then disinfected or sterilized before use. Prohibited customer tools must be removed from the premises. Customer-supplied single-use items must be new | A client's own tweezers must be disinfected first |
| H | Salons must not store a customer's tools or implements | No personal tweezer drawers for regulars |
| I | Only single-use sterile lancets may be used | Lancets are advanced extraction tools (Minn. R. 2105.0010, subp. 1c) and go in a sharps container |
3. Intoxicants and Controlled Substances
"Licensees must not perform cosmetology services while consuming or under the influence of an intoxicant or controlled substance" (Minn. R. 2105.0510). The statute makes the same conduct a ground for discipline (155A.33, subd. 4(8)). This applies at every point in a service, whether the licensee drinks before a shift or accepts a celebratory drink from a bridal party mid-service.
4. General Practice Requirements
The outline lists these parts under III(f): 2105.0190, 2105.0375, 2105.0305, 2105.0390, 2105.0115 and 2105.0110. The recurring theme is personal responsibility for staying legal.
Licensee duties (Minn. R. 2105.0190, subp. 1). Verify that the salon or school where you work holds an active license, and comply continuously with every applicable statute and rule.
New services or devices (subp. 1a). Before using any product, technique, device or equipment new to you, you must:
- make sure it is within your scope of practice under 2105.0105;
- review and follow the manufacturer's directions, safety requirements and contraindications;
- keep a record of your training on it for as long as you use it; and
- attest that you have the knowledge and training to use it safely.
This rule is why "the sales rep trained me" never answers a scope question. A basic esthetician trained on a microcurrent device still may not use it, because microcurrent is an advanced practice electrical energy treatment.
Supervision (Minn. R. 2105.0390). The owner and DLSM are responsible for the salon at all times, even when not present. They must ensure that every practitioner, including non-employees, complies with chapter 155A and chapter 2105 and holds a current license for the services they provide. They keep employees' work time records on the premises under Minn. Stat. 177.30. A salon that leases space gives lessees a way to track hours worked (paper, mechanical or electronic, recorded as the work happens) and keeps those records for four years.
DLSM rules (Minn. R. 2105.0305). See section 1.4. The DLSM registers with the Board, supervises only one salon at a time unless their hours do not overlap, and stays liable until written resignation reaches the Board.
Unlicensed persons. A salon must not let an unlicensed person perform regulated services, paid or unpaid (Minn. R. 2105.0322, subp. 2). A licensee who lets an unlicensed person under their supervision provide regulated services can be disciplined (155A.33, subd. 4(10)).
Inspections and advertising. Cooperating with inspections (2105.0115) and advertising lawfully (2105.0110) are also general practice duties. Section 1.8 covers both.
5. Services That Are Exempt or Excepted
Chapter 155A does not prohibit emergency services without compensation, domestic service, or the practice of medicine, surgery, dentistry, podiatry, osteopathic medicine, chiropractic or barbering (155A.34). Threading, and hairstyling or makeup by people who finished the four-hour course, are exempt from licensing (155A.27, subd. 9). A facility where only those exempt services happen needs no salon license (155A.29, subds. 6–7).
Scenario: A client brings her own credo blade and asks the esthetician to smooth a callus during a body treatment. The esthetician must refuse. Credo blades are prohibited (155A.355, subd. 2), customer-supplied prohibited tools must be removed from the salon immediately (2105.0377, item G), and cutting skin is outside any esthetician's scope.
An inspector finds a UV 'sterilizer' cabinet holding clean tweezers in a Minnesota skin care salon. What is the status of the cabinet under Minn. R. 2105.0377?
UV sterilizers and light boxes are not acceptable infection-control devices and must not be present in a salon
It is acceptable as storage for tools that were first disinfected
It is acceptable if the bulb is replaced every six months
It is acceptable in a room separate from the work area
Which statement about roll-on wax is correct under Minnesota rules?
Roll-on wax is allowed if the roller head is wiped with alcohol between clients
Roll-on wax is prohibited, except single-use cartridges that are discarded immediately after the service, and the heater is cleaned and disinfected after each use
Roll-on wax is allowed only on the legs
Roll-on wax may be reused on the same client for up to one month
A distributor trains a basic esthetician to use a microcurrent device and gives her a certificate. May she now offer microcurrent facials?
Yes, because the training record satisfies Minn. R. 2105.0190, subp. 1a
Yes, if the salon owner approves in writing
Yes, if she completes 4 hours of professional practice CE on the device
No; microcurrent is an advanced practice electrical energy treatment, and the new-device rule first requires the service to be within her scope
A salon leases rooms to independent estheticians. How long must the salon keep the lessees' work time records under Minn. R. 2105.0390?
One year
Three years
Four years
Records are not required for lessees
Sections you finish are checked off in the contents.